What if My Vehicle is Damaged While Impounded?

Just because your vehicle was impounded does not mean that your property should be damaged in the process. If you notice any damage when reclaiming your vehicle that were not present before, you may find that the towing company is resistant to your claim. But if you follow some steps before signing off on any release paperwork you may be able to save yourself some heartache.

Do Not Sign Paperwork If There Is Damage to Your Vehicle

Before signing any paperwork, demand to be able to inspect your vehicle for any damage. Many times, the paperwork you sign to get your car released contains a waiver of liability clause in there making it harder for you to negotiate any type of settlement on a damage claim you may have. Although the representative may try to resist offering you any assistance, you may also call the police to help you if you feel you are being treated unfairly.

Towing Companies May Be Required to Document Vehicle Condition

Depending where you live, many towing companies are responsible for documenting the condition of your vehicle before impounded to prevent future lawsuit claims. California requires that each vehicle is photographed before it is seized, while many states also require vehicle condition reports prior to impounding. 

If you can prove your case with photographic evidence and expert evidence (like a mechanics report), and the impound agency is still resistant to your claims, feel free to take your case to court. Depending on the monetary damage, you may be able to take the company to small claims court where you can legally fight for your reimbursements for the damage. If you are a plaintiff in a case in small claims court, the legal burden of proof rests on your shoulders. You can also contact your auto insurance company to see if they are able to offer you any assistance.