any lawyers on here?

Ramsay Snow · 10-29-2015, 12:10 AM

Hello ladies and gentlemen!
Anyone care to share an opinion on a legal matter? I was driving through indiana and got pulled over for unsafe passing. Then the fun started. I had MN plates on and having recently purchased my car I guess the plates and VIN were not in their computer system so i got a ticket for operating a vehicle with false and fictitious registration because i didnt have any of the papers with me. So they say they are gonna tow my car and i call my dealer and have him email me the bill of sale and receipt for the plates. Nothing helped: they towed my car. So I do the only sensible thing and call 911 from a block down from the police station in a tiny ass town in the middle of nowhere and report my car stolen. 10 minutes later another cop shows up we go to the police station they sign the release form he takes me to the towing company i pay 150 and get my car back.
Then the real fun started: my car was scratched obviously i complain to the proprietor of the towing establishment. He pulls out his phone and 3 minutes later 4 cops show up and all refuse to take my report of the damage saying the officer towing it had noted the damage prior to towing it (it wasn't there). Anyone been in anything similar or would like to contribute to this discussion?

techwhiz · 10-29-2015, 01:11 AM

Leave the small town and be glad it only cost you $150 and a scratch.
Claim comprehensive in a month and get it fixed.
Make sure your comp coverage deductible is no more than $100.
Comp doesn't drive your rates up.

pruettfan · 10-29-2015, 01:20 AM

Quote:

Originally Posted by techwhiz

Leave the small town and be glad it only cost you $150 and a scratch.
Claim comprehensive in a month and get it fixed.
Make sure your comp coverage deductible is no more than $100.
Comp doesn't drive your rates up.

I agree, I would also add to make sure your paperwork is set before you drive a car you just bought. There is nothing to win here, your lucky calling 911 and reporting the car stolen didn't land you in more trouble.

///Mbitions · 10-29-2015, 06:43 AM

Ha what a funny story, I'd say if this town had time to to have multiple police officers show up to your situation youre not going to win

335idle · 10-29-2015, 08:00 AM

Careful boy

Ramsay Snow · 10-29-2015, 11:02 AM

I think there is a way I could fight this, but it's probably not worth the time and effort. Especially driving 150 miles back and forth from Chicago for court appearances, mediation sessions....

Ramsay Snow · 10-29-2015, 12:00 PM

Quote:

Originally Posted by ///Mbitions

Ha what a funny story, I'd say if this town had time to to have multiple police officers show up to your situation youre not going to win

Yeah in retrospect it is pretty funny: a theater of absurd. I'm mostly chalking this up as a learning experience. Exploring legal options and so on has become a hobby-like activity for me especially since the car is getting stored for the winter soon.

NoSlow5oh · 10-29-2015, 12:45 PM

I don't understand why they thought the situation was severe enough to tow the car only to release it back to you shortly after. Either way, let it go and move on.

The0pportunist · 10-29-2015, 01:00 PM

Wow, that is some corrupt shit right there!
Pull out your camera next time this happens..
Good luck!

Dozhdbog · 10-29-2015, 01:07 PM

Similar thing happened to me. Fighting it turned out to be costly, drawn out, and very nasty.

It's worth it to stick it to the assholes, though, just make sure you have good evidence that a court can't dismiss.

Ramsay Snow · 10-29-2015, 01:13 PM

Quote:

Originally Posted by The0pportunist

Wow, that is some corrupt shit right there!
Pull out your camera next time this happens..
Good luck!

Yeah, I'm gonna look into one of those dash cams that brought us so many Russian road comedy videos on youtube.

ajaye · 10-29-2015, 02:22 PM

This is as much an administrative snafu as it is a legal issue. Unfortunately, it is up to you to make sure your vehicle meets the state and federal requirements necessary to legally operate it on a public road. Ignorance, no matter how reasonable your particular circumstance proves to be, is almost never an acceptable defense in this type of case. If I'm reading your post correctly, you didn't have documents with you that you should have, so you can't even plead ignorance.

As far as the tow company, if they are under contract by the municipality to tow vehicles then there is almost certainly an indemnification clause releasing the municipality from any and all liability including damage to towed vehicles. You're option is to file a civil complaint against the tow company for the damages. You will have to come out of pocket for your legal fees up front and hope to recoup them only if the decision goes in your favor. Barring some extremely abnormal circumstance, you will settle before it goes to hearing and will be lucky to break even. If four sworn officers are ready to testify on the tow company's behalf, good luck even finding an attorney to represent you to begin with.

I AM NOT AN ATTORNEY, but I would chalk it up and move on as that's your best bet from a financial standpoint.

csu87 · 10-29-2015, 02:50 PM

If its a small town and all the cops and the tow company are friends, pretty sure the judge is going to be friends with them as well.

Like other said, be happy they didnt get you for a false police report and misuse of 911. Both of those can be some serious fines and/or jail time.

Vitalität · 10-29-2015, 03:24 PM

Quote:

Originally Posted by NoSlow5oh

I don't understand why they thought the situation was severe enough to tow the car only to release it back to you shortly after. Either way, let it go and move on.

There are a lot of stupid laws, regulations and policies that are grade school level. Trust me I have seen them.

techwhiz · 10-29-2015, 06:20 PM

Quote:

Originally Posted by Ramsay Snow

I think there is a way I could fight this, but it's probably not worth the time and effort. Especially driving 150 miles back and forth from Chicago for court appearances, mediation sessions....

It will cost you money. They get paid for stupidity.
I tend to shy away from things that will cost me money, when in the end I might not even be able to get satisfaction. YMMV

GMe90 · 10-29-2015, 07:11 PM

The first question any lawyer will ask is what your damages are? Less than a $1000. The fee you have to pay the court to file the lawsuit is about $300. Drafting the Complaint will probably cost about $2000. Then the real costs start: depositions, interrogatories, etc. You can try to get punitive damages, but probably won't succeed (assuming that is even possible in this case) because it's a small town and the jury will probably know all the cops, the tow truck company, etc. Sometimes, plaintiffs' attorneys will take a case on a contingency (get a 1/3 of your recovery), but I don't see them taking on a case like yours on a contingency. So you'll have to pay lawyers out of pocket at $200 plus an hour. I am not trying to give you legal advice. You should hire an attorney to get legal advice for your potential case. But those are the first questions he or she will ask you.

blackturbo · 10-29-2015, 10:32 PM

It's gonna cost you more then what you shelled out of your wallet with your damage.
Better to just move on. It sucks i know...

Ramsay Snow · 10-30-2015, 11:36 AM

Yeah i hate the feeling of giving up, but the scratches were superficial and buffed out pretty easily. At this point it's mostly about the principal of the matter. And I really don't feel like wasting time and money and these idiots, especially using up precious vacation days for court appearance and the like. But hopefully this thread will help someone in the future.

10-29-2015, 12:10 AM	#1
Ramsay Snow New Member 1 Rep 11 Posts Drives: 2008 Dinan S3 Join Date: Jul 2015 Location: Chicago iTrader: (0)	any lawyers on here? Hello ladies and gentlemen! Anyone care to share an opinion on a legal matter? I was driving through indiana and got pulled over for unsafe passing. Then the fun started. I had MN plates on and having recently purchased my car I guess the plates and VIN were not in their computer system so i got a ticket for operating a vehicle with false and fictitious registration because i didnt have any of the papers with me. So they say they are gonna tow my car and i call my dealer and have him email me the bill of sale and receipt for the plates. Nothing helped: they towed my car. So I do the only sensible thing and call 911 from a block down from the police station in a tiny ass town in the middle of nowhere and report my car stolen. 10 minutes later another cop shows up we go to the police station they sign the release form he takes me to the towing company i pay 150 and get my car back. Then the real fun started: my car was scratched obviously i complain to the proprietor of the towing establishment. He pulls out his phone and 3 minutes later 4 cops show up and all refuse to take my report of the damage saying the officer towing it had noted the damage prior to towing it (it wasn't there). Anyone been in anything similar or would like to contribute to this discussion?
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10-29-2015, 01:11 AM	#2
techwhiz Colonel 453 Rep 2,973 Posts Drives: e90 335i Sedan - Arctic Join Date: Feb 2012 Location: Bay Area, Ca iTrader: (4)	Leave the small town and be glad it only cost you $150 and a scratch. Claim comprehensive in a month and get it fixed. Make sure your comp coverage deductible is no more than $100. Comp doesn't drive your rates up. __________________ Arctic Metallic\CF Splitters, Spoiler, Mirror Covers\LED Tails\LSD\Tinted\Coded\Apex Square SM10-19"\LED Angel Eyes\Gloss Black Grill\Integrated V1 & Galaxy Tab\M-Performance Brakes\Cobb Tuned\xHP Flash\Resonator Removed and -> is your friend.
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10-29-2015, 06:43 AM	#4
///Mbitions First Lieutenant 136 Rep 304 Posts Drives: 11 e92 M3 Join Date: Aug 2014 Location: New Hampshire iTrader: (0)	Ha what a funny story, I'd say if this town had time to to have multiple police officers show up to your situation youre not going to win
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10-29-2015, 08:00 AM	#5
335idle First Lieutenant 29 Rep 360 Posts Drives: 17 X3 Join Date: Oct 2013 Location: Draper, Utah iTrader: (0)	Careful boy
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10-29-2015, 11:02 AM	#6
Ramsay Snow New Member 1 Rep 11 Posts Drives: 2008 Dinan S3 Join Date: Jul 2015 Location: Chicago iTrader: (0)	I think there is a way I could fight this, but it's probably not worth the time and effort. Especially driving 150 miles back and forth from Chicago for court appearances, mediation sessions....
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10-29-2015, 12:45 PM	#8
NoSlow5oh First Lieutenant 56 Rep 318 Posts Drives: 08 e90 335i Join Date: Jul 2015 Location: Madison, AL iTrader: (2)	I don't understand why they thought the situation was severe enough to tow the car only to release it back to you shortly after. Either way, let it go and move on.
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10-29-2015, 01:00 PM	#9
The0pportunist Major 481 Rep 1,268 Posts Drives: F30 335i Join Date: Sep 2012 Location: London iTrader: (0)	Wow, that is some corrupt shit right there! Pull out your camera next time this happens.. Good luck!
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10-29-2015, 01:07 PM	#10
Dozhdbog Lieutenant Colonel 86 Rep 1,849 Posts Drives: 2011 335i Sedan Join Date: Aug 2011 Location: Hollywood iTrader: (0)	Similar thing happened to me. Fighting it turned out to be costly, drawn out, and very nasty. It's worth it to stick it to the assholes, though, just make sure you have good evidence that a court can't dismiss. __________________ 2011 E90 / Premium Package / Stage 2 PPK / Performance Suspension
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10-29-2015, 02:22 PM	#12
ajaye Second Lieutenant 31 Rep 228 Posts Drives: 07 328xi SGM Join Date: Dec 2014 Location: Pittsburgh iTrader: (0)	This is as much an administrative snafu as it is a legal issue. Unfortunately, it is up to you to make sure your vehicle meets the state and federal requirements necessary to legally operate it on a public road. Ignorance, no matter how reasonable your particular circumstance proves to be, is almost never an acceptable defense in this type of case. If I'm reading your post correctly, you didn't have documents with you that you should have, so you can't even plead ignorance. As far as the tow company, if they are under contract by the municipality to tow vehicles then there is almost certainly an indemnification clause releasing the municipality from any and all liability including damage to towed vehicles. You're option is to file a civil complaint against the tow company for the damages. You will have to come out of pocket for your legal fees up front and hope to recoup them only if the decision goes in your favor. Barring some extremely abnormal circumstance, you will settle before it goes to hearing and will be lucky to break even. If four sworn officers are ready to testify on the tow company's behalf, good luck even finding an attorney to represent you to begin with. I AM NOT AN ATTORNEY, but I would chalk it up and move on as that's your best bet from a financial standpoint.
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10-29-2015, 02:50 PM	#13
csu87 Banned 2134 Rep 3,553 Posts Drives: 09 335xi Join Date: Nov 2013 Location: Northern Colorado iTrader: (0)	If its a small town and all the cops and the tow company are friends, pretty sure the judge is going to be friends with them as well. Like other said, be happy they didnt get you for a false police report and misuse of 911. Both of those can be some serious fines and/or jail time.
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10-29-2015, 07:11 PM	#16
GMe90 Captain 356 Rep 928 Posts Drives: 2007 328i Coupe, ZSP, Premium Join Date: Feb 2013 Location: Knoxville iTrader: (0) Garage List 2003 BMW Z4 3.0i [6.00] 2007 BMW 328i [10.00]	The first question any lawyer will ask is what your damages are? Less than a $1000. The fee you have to pay the court to file the lawsuit is about $300. Drafting the Complaint will probably cost about $2000. Then the real costs start: depositions, interrogatories, etc. You can try to get punitive damages, but probably won't succeed (assuming that is even possible in this case) because it's a small town and the jury will probably know all the cops, the tow truck company, etc. Sometimes, plaintiffs' attorneys will take a case on a contingency (get a 1/3 of your recovery), but I don't see them taking on a case like yours on a contingency. So you'll have to pay lawyers out of pocket at $200 plus an hour. I am not trying to give you legal advice. You should hire an attorney to get legal advice for your potential case. But those are the first questions he or she will ask you.
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10-29-2015, 10:32 PM	#17
blackturbo Captain 59 Rep 645 Posts Drives: 335i Join Date: Jul 2013 Location: vancouver iTrader: (1)	It's gonna cost you more then what you shelled out of your wallet with your damage. Better to just move on. It sucks i know...
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10-30-2015, 11:36 AM	#18
Ramsay Snow New Member 1 Rep 11 Posts Drives: 2008 Dinan S3 Join Date: Jul 2015 Location: Chicago iTrader: (0)	Yeah i hate the feeling of giving up, but the scratches were superficial and buffed out pretty easily. At this point it's mostly about the principal of the matter. And I really don't feel like wasting time and money and these idiots, especially using up precious vacation days for court appearance and the like. But hopefully this thread will help someone in the future.
	Appreciate 0 Quote