Florida Statement of Claim (Towed And Or Stored Vehicles)

State:
Florida
Control #:
FL-SKU-2838
Format:
PDF
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Description

Statement Of Claim (Towed And Or Stored Vehicles)

A Florida Statement of Claim (Towed And Or Stored Vehicles) is a legal document that is used when a vehicle is towed or stored without the owner's consent. It allows the vehicle owner to dispute the charges and reclaim the vehicle. This document must be filed with the local clerk of court and served upon the towing or storage company. There are two types of Florida Statements of Claim: Towed Vehicle Claims and Stored Vehicle Claims. A Towed Vehicle Claim is used when a vehicle is towed without the owner's permission. It includes information such as the license plate number, towing company, date and time of the tow, and the owner's contact information. It must be served upon the towing company so that they can respond to the claim. A Stored Vehicle Claim is used when a vehicle is stored without the owner's permission. It includes information such as the license plate number, storage company, date and time of the storage, and the owner's contact information. It must be served upon the storage company so that they can respond to the claim. Both types of Florida Statements of Claim must be filed with the appropriate local court in order to be legally binding. Failure to do so may result in the claim being denied.

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FAQ

You have the right to reasonable retrieval of your vehicle or property. Vehicles must be stored within a 10-mile radius of the place they were towed from if they were towed in a county with a population of 500,000 people or more. That radius increases to 15 miles if the county has less than 500,000 people.

(4) A maximum of $30.00 may be charged to the owner/driver of a vehicle towed or stored for the preparation, filing or mailing of any forms required by Florida Statutes, local ordinance or the Division, if a vehicle is in storage for more than 24 hours.

A person against whom a wrecker operator's lien has been imposed may alternatively obtain a discharge of the lien by filing a complaint, challenging the validity of the lien or the amount thereof, in the county court of the county in which the vehicle or vessel was ordered removed.

In fact, Florida, unlike other statutes or rules, requires that ?the towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance.? Florida Statutes 715.07 (2)(a).

By filing a civil suit against the towing company the case can be made for why financial compensation is necessary. For example, if your car was scratched, dented, or damaged in some way while it was towed you may be able to hold the towing company liable for payment for those repairs.

Non-Consent Maximum Towing Rates Rate TypeRateClass A$172Class B$255Class C - applies to non-commercial vehicles only$381Class D - applies to non-commercial vehicles only$54625 more rows

Florida law gives you the right to have vehicles (or vessels) towed from your property without the vehicle owner's consent if they are parked on the premises without permission. You will not be held responsible for any costs or damage associated with removing, transporting, and storing the vehicle.

Stat. § 713.78(4). If the car is more than 3 years old, it can be sold by the tow company if the car remains unclaimed after 35 days.

More info

If the towing company damaged your car while towing it, you can sue in small claims court if they refuse to pay for the damages. Information about your rights as a consumer under Texas laws, how to recover your vehicle if it has been towed away, and how to submit formal complaints.OPS employees requesting towing, storage or impound of a vehicle shall complete CHP. The towing inquiry system provides the name and mailing address of the last known owner(s) and lienholder(s) on record at the Department of Motor Vehicles. What if the vehicle towed is a company or leased vehicle? You will need authorization on company letterhead specifically naming you as an agent for the vehicle. OPS employees requesting towing, storage or impound of a vehicle shall complete CHP. As the owner of an impounded vehicle you are entitled to a post-tow hearing to contest the validity of the tow and any towing or storage fees. When you claim your car or truck, before paying anything you must be given a copy of the written authorization the tow truck received to tow your vehicle. How do I dispose of an abandoned or unclaimed vehicle?

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Florida Statement of Claim (Towed And Or Stored Vehicles)