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I don't know if I can prove. But the SUV was fine until it was towed away.
Belen,I ask because you as the petitioner (the person filing the complaint) have the burden of proving that the other person or business entity caused the harm. My concern for you here would be your own admission that you rarely used the vehicle, which logically permit the other party to claim that the damage could have been done before they were ever involved as you never used the SUV regularly so you could have missed it. Your position would strengthen if what was cut was outside the vehicle and is close to the location where a tow operator would generally use to lock your vehicle to tow it away, but otherwise you might have a problem proving that they caused the harm. I am not stating that you cannot prove it, simply that it would be far harder to do so. Small claims court is not terribly complicated, you do not need an attorney, so the risk to you is fairly small, just the cost of the filing fee. But if you have no evidence but just suspicions, it may be harder to pursue anything against the tow company in that instance.Hope that helps.
The apartment complex is gated, and they have police car or security that patrols the place. If I can find my smog test that I did this year, will it help the case at all?
Belen,If the complex is gated, then potentially the complex can be added as a co-defendant to your claim, as you aren't quite sure who caused the damage, but it was either the complex or the tow operator. The smog test would not really help as hat is not a guarantee that after that test you did not damage your vehicle on your own.Good luck.
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