Thousands of vehicles are illegally towed in San Antonio and Bexar County each year. Victims of wrongful towing in San Antonio are left without a car until they pay up to $293.00 to Bexar Towing. Often victims suffer other damages like mental anguish, personal injuries, and vehicle damage.
James Meyrat is a San Antonio lawyer that represents victims of illegal towing in San Antonio and Bexar County. Call the Law Office of James Meyrat (210) 314-3938 today to report your wrongful towing case.You don’t have to pay James Meyrat to fight your case in court for you. His attorney fee gets paid by the tow truck company and/or the parking facility manager.
Texas law gives you the right to a probable cause tow hearing
The Texas Towing and Booting Act allows you to take the tow company and parking facility to court. You must file your request for a hearing within 14 days after your get your notice of your rights from Bexar Towing or Atlas Towing. At the hearing the judge must determine whether or not there was probable cause to tow your vehicle. If the Court finds there was no probable cause to tow your car, then the tow company has to refund you the tow fee of up to $293.00, court costs, out of pocket costs to prepare your case, and attorney fees. To win these cases you need an experienced consumer lawyer like James Meyrat who knows the intricacies of the Texas Towing and Booting Act. Sometimes these cases hinge on important details like the the brightness of red paint, the reflective coating of the sign, or placement of the sign by mere inches.
Civil Suits for Illegal Tows
Whether or not you win at a probable cause hearing, you may still have a good case to seek relief for an illegal tow of your vehicle. A Court may award you with up to $1000.00 plus triple the costs of towing and storage fees, plus any actual damages suffered, such as damage to the vehicle caused by the tow, loss of use of your car, and taxi fares. James Meyrat knows Texas Towing and Booting Act backwards and forwards to help you win your case against the tow truck operator and the parking facility.
Common Examples of Illegal Tows – Look at this link
Improper Signage – The signs must have the right size, language, symbols, color, the layout, information
Improper Placement of Signs – The signs must be at the right location and set at the right height on the parking lot or space
Improperly maintained marked parking slots, faded, confusing, worn or completely nonexistent markings.
Drop Fee – If the vehicle is not mounted, they must ‘drop it’ free of charge. If it is mounted, the owner has the right to pay a reduced ‘drop fee’ charge of $85 before the vehicle is pulled away from the lot. The fee can be paid with cash, credit, or check.
Parking Pemits – Does it have a towing company’s name on it?
Restricted Parking Space at Apartment Complexes – Is there a sign or marking that indicates it’s a restricted parking space
Gather Your Evidence – Take Pictures, Record the Recovery, Report the Incident
- Take three close-up photographs of the tow sign that should be posted at the driveway entering the parking facility.
- Take two long distance photographs of the sign looking directly at all the driveways entering or exiting the parking facility. These photographs must show the width of the driveway at the street or alley. The signs must be “facing and conspicuous to the driver” entering the property.
- Take two photographs of the parking space your vehicle was towed.
- Take multiple photographs of all the tow signs posted inside the parking facility or if the tow sign is mounted on the gate or fence.
- Record your conversation and transaction with the parking facility owner as to why your car was towed.
- Get a fee schedule from Bexar Towing or Atlas Towing
- Before the fees are paid to the Bexar Towing, you should ask the employee at Bexar Towing or Atlas Towing
- What kind of tow was performed
- The name of the driver
- The tow license of the driver
- Why your vehicle was towed
- Which parking violation was enforced
- Who initiated the call of the alleged violation
8. Inspect your vehicle for possible damages after it has been released to you. Take pictures of the damage immediately.
9. Call police to a make an offense report for the wrongful towing incident
10. File a complaint with TDLR, which is the Texas licensing agency for tow truck operators and vehicle storage facilities.
- Experts Blog of Wrongful Towing
- Texas Towing and Booting Act – Chapter 2308 of the Texas Occupations Code
- San Antonio City Ordinance on Towing Regulations
- San Antonio Express News article about illegal towing