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Member Spotlight: Tommy’s Diesel Shop in New Point, Indiana
I always look forward to the blogs we receive. No matter if you are a small or large company, we all face the same legal issues and have the same legal questions. TowLawyer.com is a great way to get legal feedback from the greatest lawyers in our industry. Thank you Michael, Nick and TowLawyer.com
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I would highly recommend this website to anyone in the towing industry. A tool of this magnitude has been needed in this industry for a long time.
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Easy-to-access and user-friendly resource for towing companys. With over 50 years of towing industry experience, McGovern and Porto know towing law and regulation. TowLawyer.com saves owners time and reduces legal fees.
Latest Towing Articles
Stay abreast of current legal issues impacting the towing and recovery industry through up-to-date blogs written by industry-recognized towing attorneys Michael McGovern and Nicholas Porto.
As we have discussed in this blog, the American Rule of attorney’s fees requires each side to pay their own way unless there is a statute or contract that says otherwise. Unfortunately, consumer protection lawsuits are one of the types of statutes that carry an attorney’s fees provision. Even more unfortunate, these are exactly the type of lawsuits a tow company can expect to be hit with by a disgruntled consumer.
Kansas City, like many other cities, has a city owned tow lot where police ordered tows are stored. The City sets the tow rates which then must be paid by the owner of the vehicle before the vehicle is released. All seems pretty ordinary, right? Except it’s not. Recently, the American Civil Liberties Union (ACLU) filed a lawsuit against the City of Kansas City and its Board of Police Commissioners for what it calls “predatory impound and towing practices.”
Attorneys get asked this question so much it bears repeating: if (insert name of tow company here) sue (insert name of vehicle owner here) who stiffed me on my tow bill, I can make him pay my attorney’s bill right? Unfortunately, and it pains for me to have to say this, the answer is NO! The American rule provides that each party is responsible for paying its own attorney's fees, unless specific authority granted by statute or contract allows the assessment of those fees against the other party. What this means is that absent rare exception, tow companies are responsible for their own lawyer.