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Should I ask for the maximum possible compensation in my demand letter?

Vacaville, CA |
Filed under: Lawsuits and disputes

My car was towed from private property one afternoon and I did not find out until the evening. I called the tow company and they informed me it would be $255 to get it out that night or $220 to retrieve it the next day, so I opted to wait. When I arrived at the yard the next morning, the tow driver who then handled the transaction refused to honor the amount the towing dispatcher quoted to me the night before and charged me $275. I was charged 2 days storage when my vehicle was impounded less than 24 hours, violating subdivisions (i) and (j) of CA V C 22658 and I have the receipts they gave me to prove it. Should I ask for $1100 in the demand letter since that is the maximum amount I could be awarded through a lawsuit? What are my chances of getting full compensation should it go to court?

http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm "V C Section 22658 Removal From Private Property (i)(2)If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day’s storage charge may be required for a vehicle released the same day that it is stored. (j)(1) A person who charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), is civilly liable to the vehicle owner for four times the amount charged."

Attorney Answers 2


  1. Yes, ask for the full amount, including the penalties to let them know you know what you are doing. You can even cite the statute in your letter. Then you can accept a lesser amount if they call to negotiate. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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