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Hello. My name is Andrew Graper. I have a premier roadside…

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Hello. My name isXXXXX have...
Hello. My name isXXXXX have a premier roadside assistance policy with AAA. On 4-26-10 my vehicle required a tow. The towtruck operator connected the vehicle improperly resulting in damage to the exhaust system. The AAA rep has told me that they will not repair my vehicle, stating that is is "unlikely" that the tow has resulted in this damage. I have gone back and forth with AAA and have grown tired of being treated poorly. I have pictures of the improper placement of the tow chains, yet they are denying repairs. What can I do to have my vehicle repaired. My property has been damaged and I expect compensation. Thank you for your attention. Andrew Graper. XXX-XXX-XXXX.
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 4 minutes by:
6/28/2010
Consumer Protection Lawyer: lwpat, Attorney at Law replied 8 years ago
lwpat
lwpat, Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 25,387
Experience: 35 years of business experience and a practicing attorney.
Verified

You can sue the tow company directly in small claims court. Here is the information.

 

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

 

 

 

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Customer reply replied 8 years ago
AAA is supposed to take care of me. I did not call the tow company. I called AAA for the tow. Why should I have to take te tow company to court. My relationship, yearly dues, is with AAA. I want AAA to handle this.
Consumer Protection Lawyer: lwpat, Attorney at Law replied 8 years ago
The two company is the one that did the damage and the only one that you have the legal standing to sue. That is your only legal recourse.
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Customer reply replied 8 years ago
I do not have time or money to file a small claim. How can I go about getting legal representation? Are there still lawyers that will take on cases and accept a percentage of the settlement amount?
Consumer Protection Lawyer: lwpat, Attorney at Law replied 8 years ago
Attorneys are not allowed in small claims so I doubt that you will find anyone that will take your case unless you are willing to pay them first.
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Customer reply replied 8 years ago
I have a repair estimate for more than $5000.00 . I thought that was above the scope of "small" claims court and into the realm of sueing someone.
Customer reply replied 8 years ago
Repeat.
Consumer Protection Lawyer: N Cal Attorney, Attorney replied 8 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,885
Experience: since 1983
Verified
California small claims court allows you to claim up to $7500 and you can name both the tow company and AAA who delegated their contractual duties to the town company.

California Code of Civil Procedure § 116.221:
116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed seven thousand five hundred dollars ($7,500), except for actions otherwise prohibited by subdivision (c) of Section 116.220 or
subdivision (a) of Section 116.231. From
http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.210-116.270



Using a lawyer would probably take a lot more time that just doing it yourself in small claims court. There is a lot of information on how to do this in Everybody's Guide to Small Claims Court in California,
from
http://www.nolo.com/products/everybodys-guide-to-small-claims-court-in-california-CSCC.html

I hope this information is helpful.
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