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My car was towed because a friend of mine wrecked it and was charged with DUI. My problem/question is....in the state of SC...is there a cap on what the towing company can charge me for towing. I was shocked when the towing company said that the towing was $350.00. Furthermore, I had an $150.00 Ipod in my glove box that was stolen (for sure) by one of the towing company's employee. The reason I know this is because my car was towed around 9:30 on a Sat. I went to the towing company that following morning, however it was Sunday and they were closed. I proceeded to check the damage of my vehicle and noticed that my glovebox had been rummaged through. I didn't think much of it because I thought by law, the towing company had to report an "inventory". I went back on Monday to retrieve my personal belongings...no Ipod. When I asked the owner, he called the guy who towed the car and his response was,"Yes, I saw the Ipod on the passenger floor." No sign of break-in at all. I feel raped!

Submitted: 154 days and 12 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country: South Carolina

Already Tried:
Negotiating with the owner of the towing company. He politely brushes me off. In addition to what I've already written, they've had my car for over 3 weeks. Everytime I call, I'm on hold for 15 minutes then told the owner's not there or they say what they've previously said the week before as to the status. "We've got all the parts now, I'll have it done by the end of the day. I request to please call me when it's ready...no phone calls returned. I feel taken advantage of and treated very unfairly. This is why (even though I have no money, single mom, laid off recently) I desperately need to know my rights. Please advise. Thank you very much....Donna

Posted by Dimitry Alexander Kaplun 154 days and 12 hours ago.

Answer

I am very sorry to hear that this occurred to you.

However, you may have a claim against your friend for both the towing fee and the IPOD.

Since he wrecked your car, any fees and charges (and property damage/losses) can be directly attributed to him. I would strongly suggest that you place a claim against him for the tow, the IPOD, and the damage to your vehicle. If an insurance company is already handling the claim, contact them with the fees and ahve them reimburse you for both.

Good luck.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

154 days and 11 hours ago.

Reply

Unfortunately, he is on the same insurance policy as myself. We only have the minumum insurance coverage by SC state law...PIP. So we're clear...He and I are both covered for each others cars. How would that work? Could I still get reimbursed? Also, I had coverage at the time of the accident, did not claim it because I didn't think I would be covered and only risk higher insurance premiums. Since then I have cancelled (but could reinstate) that policy. Would they still have to process the claim? Would this help considering we were both on the same policy? Thank you so much and please elaborate on your advice.

Answer

I am sorry but you have asked too many questions for me to answer. I will try to assist where I can.

If you did not claim this when it occurred, you may still attempt to claim it, if the delay wasn't too long.

Under common law, since your friend drove, he is liable to you for any damages he caused to your car, and additionally to damages that you suffered as a direct consequence of his actions (towing, theft of ipod). In that case you may go through small claims (should you choose to not go through insurance) to be reimbursed for your losses.

Good luck,

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert:	Dimitry Alexander Kaplun
Pos. Feedback:	99.0 %
Answered:	6/19/2009

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Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

154 days and 11 hours ago.

Reply

With all due respect, you haven't answered my rights as far as the towing company...if they are liable for the idod once they have the car in thier possession nor have you answered whether or not I would benefit for filing with my insurance company.

I don't have anymore answers/advice than I did when I started.
I do appreciate your time.

152 days and 13 hours ago.

Reply

Please see previous and last reply......

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