(WSVN) - Her car was towed from her own condo complex in the middle of the night. Even worse? She says the tow company damaged her car and is refusing to pay for that damage, but does the tow company have to pay? It’s why she called Help Me Howard with Patrick Fraser.
Natalia works full-time and goes to nursing school full-time. She’s busy, but when she talks about it, she smiles.
Natalia Bustamante, car towed and damaged: “I want to make a difference and help a lot of people, help children. That’s my main goal. I have always loved children.”
Natalia is a nice person. What’s happened to her during the middle of the night was not so nice…
Natalia Bustamante: “I got my car towed.”
When Natalia got to her condo complex, she hung her parking pass on the rearview mirror and then went to sleep.
Natalia Bustamante: “My dog actually woke me up. I heard him barking, and all of a sudden I hear a car screeching out of the driveway.”
Natalia raced downstairs to see her car being towed away.
Natalia Bustamante: “I never got a warning or a sticker.”
At the tow yard in Davie, she saw her Honda Civic. The parking pass was in the car, but was laying on the floor…
At Plantation Condos, if it’s not visible, you can get towed…
Natalia Bustamante: “I retrieved my car and had to pay $121 to get my car released on site.”
And then her bad morning got worse…
Natalia Bustamante: “As soon as I drove my car out of their property, it started shaking and rattling.”
When Natalia got back to her condo, she saw why.
Natalia Bustamante: “So I saw that my car was actually dragged out and the rubber burned off on the road.”
The tow truck had pulled her car from behind across the parking lot, damaging the two front tires.
Natalia Bustamante: “I purchased my tires brand new.”
Natalia took it to a mechanic who told her she would need two new tires. Throw in his fee and the cost of towing, and it was an expensive night for Natalia.
Natalia Bustamante: “$648.”
She called the tow company to ask them to pay for the damage.
Natalia Bustamante: “She told me any issues had to be addressed with my property manager.”
Natalia called the property manager…
Natalia Bustamante: “She told me any problems or damages caused by the towing company had to be discussed with the towing company.”
Back and forth, she filed a complaint with the state, with Broward County and got nowhere.
Natalia Bustamante: “This towing company is damaging our property, and that’s more money out of our pockets.”
Well Howard, the tow company told Natalia they are not responsible for the damage to her car. Are they?
Howard Finkelstein, 7News legal expert: “In all likelihood, yes. The law requires a tow company to use what’s called reasonable care and if they don’t, they have to pay for any damage that occurs. Since they didn’t do that in this case, they have to pay for the damage. As for reimbursing her for the tow, since the parking pass fell on the floor, the tow is legal and she has to pay for that, but not the damage.”
I contacted the owner of A441 Towing.
She told me they did not damage Natalia’s car and, “We’re not paying for anything.”
She added, even if there was damage, it was a nonconsent towing and by law, they were not responsible for the damage.
Howard says that’s absolutely wrong and A441 Towing should pay for the damage Natalia says they caused.
Howard Finkelstein: “We say it a lot, but the best thing for Natalia to do is take the tow company to small claims court. If she wins, and she probably will, not only will they have to pay for the damage, they will have to pay for her court costs.”
Natalia isn’t sure what she will do next — besides make sure that parking pass stays on her rearview mirror.
Natalia Bustamante: “It’s very frustrating what we have to go through as owners.”
If you don’t like the way the tow company your association hired works, there is another solution. Complain to the board to get them to cancel the contract with the company if they are damaging cars or don’t renew the contract when it expires.
And if the tow company thinks they are going to lose the contract, it might convince them to pay for the damage they cause.
Tired of a problem that’s dragging you around? Ready to see it towed away? Park it with us. And permit us to help.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
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