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[FL] Can I add towing violations to my case if my vehicle was stored too far away and I was denied timely access for retrieval?

Benjamin
Benjamin

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There are several legal arguments and consumer protection laws in Florida that could potentially support your case:

  1. Violation of Storage Distance Regulations
    According to the statute a towed vehicle must be stored within a 10-mile radius of the point of removal in counties with a population of 500,000 or more. If your vehicle was stored beyond this distance, it may constitute a violation of this regulation.
  2. Failure to Provide Timely Access
    The statute also requires that the storage site must be accessible for vehicle redemption during specified hours, and if closed, the operator must return within one hour upon request. If you were made to wait until the next day, this could be another violation of the statute.

These points could strengthen your case by demonstrating non-compliance with statutory requirements by the towing company. (FL Stat § 715.07 (2)(1)(a)

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Could you please explain this to me:

1.a. Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of fewer than 500,000 population.

That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times.

Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section.

Title XL: REAL AND PERSONAL PROPERTY
Chapter 715 PROPERTY: GENERAL PROVISIONS

Lexi

Lexi, Chatbot

I understand that you're seeking clarification on towing regulations, which can be quite complex. Can you tell me if you are dealing with a specific situation involving a towed vehicle or vessel?

Yes.

Lexi

Lexi, Chatbot

Have you already contacted the towing company or the storage facility regarding this issue?

Yes, my vehicle was towed back on July 21st and I am proceeding to file a case.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your towing case.

No.

Benjamin

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience.

I understand you're dealing with a towing issue and are proceeding to file a case. Are you just looking to understand this provision more clearly?

Benjamin

Benjamin

This provision regulates how and where towed or removed vehicles or vessels must be stored, and sets requirements for access and redemption. Here’s the breakdown: (FL Stat § 715.07 (2)(a))

  1. Distance Limit for Storage Site
    • Counties with 500,000+ population: The tow company must store the vehicle within 10 miles of where it was removed.
    • Counties with fewer than 500,000 population: The vehicle must be stored within 15 miles of where it was removed.
  2. Operating Hours for Redemption
    • The storage site must be open to release vehicles on any day that the towing company itself is open for towing.
    • Minimum required hours: 8:00 a.m. to 6:00 p.m.
  3. After-Hours Access
    • If the site is closed, it must have a prominent sign with a telephone number where the operator can be reached at all times.
    • If someone calls requesting access to redeem their vehicle or vessel, the operator must return to the site and open it within 1 hour.
    • Failure to do so constitutes a violation of the statute.

In short, if your car or boat gets towed in Florida, the company must keep it relatively close to where it was taken (within 10–15 miles depending on county size). They must also make sure you can retrieve it during normal hours, and even after hours you can call and they must meet you within an hour to release it. If they don’t, they’re breaking the law.

Yes. They stored my vehicle beyond 10 miles. I am proceeding to file a claim and I want to add this to my case. Is this acceptable to add?

Benjamin

Benjamin

This is a reasonable interpretation. You can choose to adopt portions of it or modify it. But it is clear from the statute the rules that the statute outlines. This is offered as general advice. Feel free to use it as you see fit.

Also, when I contacted them they did not come. They had me wait until the next day to get my vehicle.

Benjamin

Benjamin

There are several legal arguments and consumer protection laws in Florida that could potentially support your case:

  1. Violation of Storage Distance Regulations
    According to the statute a towed vehicle must be stored within a 10-mile radius of the point of removal in counties with a population of 500,000 or more. If your vehicle was stored beyond this distance, it may constitute a violation of this regulation.
  2. Failure to Provide Timely Access
    The statute also requires that the storage site must be accessible for vehicle redemption during specified hours, and if closed, the operator must return within one hour upon request. If you were made to wait until the next day, this could be another violation of the statute.

These points could strengthen your case by demonstrating non-compliance with statutory requirements by the towing company. (FL Stat § 715.07 (2)(1)(a)

Thank you.

Benjamin

Benjamin

679 satisfied customers

Benjamin
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