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Need Advice: Car towed, damaged. Police in cahoots.


flipper

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I accidentally parked in a handicapped spot along Texas Ave last night at the astros game. My car was towed to a storage lot. When I went to inspect it in the lot I saw that the back bumper (right corner) was scratched, rubbed and had grease on it. It will have to be filled and repainted. The employee at the storage lot said the police officer that authorized the tow (and gave me the ticket on top of the tow fee) wrote that the car was already damaged. I don't have any paperwork to that effect though.

Surely someone on here has been down this road :) Anyone have an opinion on where to start or if I even have a chance at having my car fixed on the city's or tow truck driver's dime?

flipper

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Small Claims court... if the officer is willing to go under oath that your car was damaged before the tow, you prolly wont get a dime.

However, I highly doubt the officer will go under oath saying there was no damage... it wont come out of his pocket... why would he take on the liability?

Chances are, once you file the case, the city will settle for appropriate damages rather than actually going through the trial...

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I truly sympathize.

In fact we used to park our cars right near the balllpark al the time before meters were installed. Listen to this one.

I parked my car in the same spot one morning, walked back to car after work and no car to be found. There were (to my amazement) new meters installed while I was at work. They still towed everyone all along that block. :angry:

I hate to even hark back to that day. The crap hole tow place could have cared less of "how" my car got there just to pay up or get charged an outrageous amt each day it sat there. You could grind your teeth in anger as much as you want. Best of luck. -_-

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I accidentally parked in a handicapped spot along Texas Ave last night at the astros game. My car was towed to a storage lot. When I went to inspect it in the lot I saw that the back bumper (right corner) was scratched, rubbed and had grease on it. It will have to be filled and repainted. The employee at the storage lot said the police officer that authorized the tow (and gave me the ticket on top of the tow fee) wrote that the car was already damaged. I don't have any paperwork to that effect though.

Surely someone on here has been down this road :) Anyone have an opinion on where to start or if I even have a chance at having my car fixed on the city's or tow truck driver's dime?

flipper

I have a feeling you're out of luck. the city's not the culprit. a tow truck broke my transmission a few yrs back during a tow. luckily i convinced them that they were responsible (since it would no longer move). they ended up getting it fixed. as for the ticket, depending on how things were marked, some of the judges will dismiss it. my judge was adamant that the meter had to be marked (but this was in the day of individual meters). since i had pics showing it wasn't, it was dismissed.

were you by chance parked just east of 59?

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I thought the normal practice was to ticket cars parked in handicapped spots illegally. The post above regarding towing after new meters were installed is just WRONG! Is the city on a towing frenzy or could it be the towing company? The only tow trucks I see downtown is Fastow. Do they have some sort of contract with the city for DT?

Now, I understand people parking on the street during restricted hours being told. Those signs clearly state that you will be towed and those car obstruct traffic at peak times.

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I was parked on the left side of Texas in front of the Lofts at the Ballpark ( East of 59). I now know that that whole left curb is handicapped parking 2 hours prior to and 1 hour after an event. There is a sign at the corner. The spaces or the curbs aren't marked, but I still should have seen the sign I reckon. I don't really plan to fight the ticket, I'm more concerned about getting my car fixed right at someone else's expense. I spoke with the tow truck companies insurance broker. I'm now waiting for a call from the carrier's claims department.

I have my theories about what might be going on between the police and the tow company/lot but I'll keep that to myself.

I'm already into last nights game for $461. The car repair just might put it into 4 digits :wacko:

flipper

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I was parked on the left side of Texas in front of the Lofts at the Ballpark ( East of 59).

i was thinking you were parked there. i went to help a friend at the lofts on sunday and initially parked there but then left cause i saw the handicapped sign. but then she said i could have stayed cause there was no game going on so parking was ok. i briefly looked for a sign that said "only during events", etc but didn't see one so not sure how it was obvious that it was ok to park there otherwise.

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i was thinking you were parked there. i went to help a friend at the lofts on sunday and initially parked there but then left cause i saw the handicapped sign. but then she said i could have stayed cause there was no game going on so parking was ok. i briefly looked for a sign that said "only during events", etc but didn't see one so not sure how it was obvious that it was ok to park there otherwise.

It's relatively small print :(

flipper

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It's relatively small print :(

flipper

Very small, grrrr.

Next time you are on any frwy and see a tow truck passing by take a good look at the car it is towing. I have seen them so jacked up that the car scrapes the concrete, sparks flying all around. You really think the tow trk driver gives a damn? he has a great big grin on his face! and $$$ in his eyes.

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Chances are, once you file the case, the city will settle for appropriate damages rather than actually going through the trial...

You could not be more misinformed. As a taxpayer, you'll be glad to know the City does not let go of its tax revenue easily. As a poster trying to make flipper feel better, you'll be disheartened to know that the City does not let go of its tax revenue easily. Besides, musicman is correct. This ain't the City's fault. They did not tow the vehicle, and they are absolutely entitled to authorize tows from unauthorized parking spaces. His only chance is with the tow company. I'll let flipper decide if that is worth it.

Oh, and police officers are placed under oath daily. Whatever is on their report, they'll swear to. Won't give it a second thought.

BTW, I don't think that the parallel parking becomes handicapped parking on game day. It is simply No Parking in a 2 block zone around the ballpark for traffic flow purposes. Unless they have changed it, it's been that way for 10 years. I know. I got a ticket in one of those zones in 2000, back when I officed in the Great Southwest Building.

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BTW, I don't think that the parallel parking becomes handicapped parking on game day. It is simply No Parking in a 2 block zone around the ballpark for traffic flow purposes. Unless they have changed it, it's been that way for 10 years. I know. I got a ticket in one of those zones in 2000, back when I officed in the Great Southwest Building.

this area actually does become handicapped parking. sounds like you're talking closer to the stadium.

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You could not be more misinformed. As a taxpayer, you'll be glad to know the City does not let go of its tax revenue easily. As a poster trying to make flipper feel better, you'll be disheartened to know that the City does not let go of its tax revenue easily. Besides, musicman is correct. This ain't the City's fault. They did not tow the vehicle, and they are absolutely entitled to authorize tows from unauthorized parking spaces. His only chance is with the tow company. I'll let flipper decide if that is worth it.

Oh, and police officers are placed under oath daily. Whatever is on their report, they'll swear to. Won't give it a second thought.

BTW, I don't think that the parallel parking becomes handicapped parking on game day. It is simply No Parking in a 2 block zone around the ballpark for traffic flow purposes. Unless they have changed it, it's been that way for 10 years. I know. I got a ticket in one of those zones in 2000, back when I officed in the Great Southwest Building.

I have no plans to fight the ticket.

The section of Texas Ave I was towed from is handicapped only from 2 hours before an event to 1 hour after an event. Here is the spot I was towed from.

IMG_7137.jpg

The more I think about how it went down that night, the more I just think that the storage lot is shady. Once I said there was damage on the car, the lot employee started saying that the cop had written that there was damage on the car already. However, there is nothing written in the "notes" section on my ticket. Is there another report generated by the cop that I don't have a copy of?

I have already spoken with a claims person from the tow company's insurance carrier. Sounds like he's going to try to get in touch with the officer. He wants me to get a repair estimate in the mean time.

Here's the damage:

mdxscratch.jpg

flipper

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quick update... The tow truck companies insurance company just told me that my car was towed on a wheel lift truck and not a flatbed. Talk about insult to injury. How could the driver not know not to tow an AWD car on a wheel lift truck?

:(

flipper

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Update: The insurance company has agreed to pay to have the body damage repaired regardless of what the HPD officer stated or states. I'm taking the car to the dealer later today to have the diff. fluid drained and checked for damage.

flipper

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Update: The insurance company has agreed to pay to have the body damage repaired regardless of what the HPD officer stated or states. I'm taking the car to the dealer later today to have the diff. fluid drained and checked for damage.

flipper

Wow, that's great. Good for you for fighting it. I'm surprised you got anything at all out of the insurance company. Maybe if more people fought these things then they wouldn't happen as often.

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Wow, that's great. Good for you for fighting it. I'm surprised you got anything at all out of the insurance company. Maybe if more people fought these things then they wouldn't happen as often.

Fight the power! I got $600 out of Wal Mart Grocery for a dent from a shopping cart a couple years ago. Dozens of carts around the lot and overflowing cart returns = bad for Wal Mart.

flipper

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Hold the phone! After the adjuster talked to the tow driver again, they are thinking about denying the claim. We are waiting to see the magical piece of paper that says my car was already damaged when the tow truck showed up. We also have to see what the officer who ordered the tow knows.

flipper

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Fight the power! I got $600 out of Wal Mart Grocery for a dent from a shopping cart a couple years ago. Dozens of carts around the lot and overflowing cart returns = bad for Wal Mart.

flipper

Yeah, you might want to keep that under your hat, or the insurance adjuster may feel like you are a chronic claims maker. ;)

I finally got to talk to my boy JJ about your paint dilemma. He is currently out of town, his grandfather passed, he won't be back til next week or so.

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quick update... The tow truck companies insurance company just told me that my car was towed on a wheel lift truck and not a flatbed. Talk about insult to injury. How could the driver not know not to tow an AWD car on a wheel lift truck?

Uhmmm....a wheel lift with dollies under the non-lifted wheels is better than dragging it up onto a flatbed with the differentials kicking and screaming the whole way.

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  • 2 weeks later...

Glad to hear you are getting it fixed. I would like to give my view on this. I have been around the wrecker industry for a long time. I hate to tell you this, but the damage on your car was not caused by a wrecker. That is impact damage from another vehicle. Someone could have done that on the street where you were parked or even in the storage lot. It's not unheard of to see mad people who have been towed leave like crazy people.

As far as being towed with awd, be happy they used a wheellift with dollies! Even a flat bed dragging it up is ok if they use what is called skids.

Down town is a towing nightmare in my opinion. Fast Tow is not the only one down there, but they have been down there for almost 40 years, hence the connection with the police. I strongly believe in property rights and not parking in handicap zones. With that said, I do not care for people being ticketed and yanked off the streets. Companies like Fast Tow, Jet Wrecker, American are people you should NOT use! They are the guys that take you every time you park illegal! Just remember the good wrecker services out there. Yes there are some, we are kind of like lawyers, you find one good one every few years.

Good Luck.

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Hold the phone! After the adjuster talked to the tow driver again, they are thinking about denying the claim. We are waiting to see the magical piece of paper that says my car was already damaged when the tow truck showed up. We also have to see what the officer who ordered the tow knows.

flipper

We had an issue like this once...The guy wasn't a customer of ours, he was eating his chicken when a storm front blew through several baskets hit his car, broke a mirror. We filed a report and our insurance co denied it due to act of god...

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Quick update on this.... They aren't going to pay the claim, and I'm done fooling with it. The estimate for the damage repair is $600 and I've already wasted way more than $600 of my time pursuing it. The bottom line is that I can't prove that the damage happened during the tow/storage.

flipper

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Quick update on this.... They aren't going to pay the claim, and I'm done fooling with it. The estimate for the damage repair is $600 and I've already wasted way more than $600 of my time pursuing it. The bottom line is that I can't prove that the damage happened during the tow/storage.

flipper

That's what the judge would tell you. That is not wrecker damage my friend, that's impact damage from another car!

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That's what the judge would tell you. That is not wrecker damage my friend, that's impact damage from another car!

Like I said, I'm done worrying about it.

flipper

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