Minnesota woman has a ‘nearly totaled car’ after a Chicago towing — city may cover thousands in car repairs
It was the opportunity of a lifetime for Esther Liu. Working on her doctorate degree, she was starting a month-long research fellowship at the Newberry Library in Chicago as part of her studies on the history of Indigenous peoples in America.
That dream turned into a nightmare after parking on Chicago’s North Side, where the city improperly hauled her all-wheel drive, 2003 Honda Element away, creating thousands of dollars in damages.
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"I thought I won the lottery getting parking in Chicago on a Saturday night," Liu told CBS News Chicago.
But Liu did everything right. She and a friend went out of their way to make sure the spot was not only secure, but legal. Even after calling Park Chicago, reading the sign’s fine print, talking with a local doorman and paying for the spot until it became free for the rest of the night, her car was towed before she could replenish the meter.
"I have had to spend so many hours just figuring out the bureaucratic sprawl," Liu said.
Thus began a recovery process that is still ongoing. Though Liu contested and won her case for an unjustified tow in administrative court, the car is still in need of repairs — an expense she’s hoping the city will pay for.
“All I know is I had a good, working, recently serviced car,” she said. “I parked it in Chicago, and now I have a nearly totaled car.”
Unfortunately, even when a consumer does everything right, they're burdened with proving an unfair towing. And if you’re not a savvy researcher, that process can take even longer than it took Liu. But you do have rights, if you’re willing to seek them out.
The challenges of urban parking, tickets and towing
It’s not uncommon for major cities to have parking regulations in place that state where someone can park, where they can’t, and what happens if they park illegally. But those parking laws can significantly vary from state to state.
According to the U.S. PIRG Education Fund, there is no even playing field for parking and towing laws across the country.
In fact, 46 states don’t require tow drivers to take a photo of a car before moving it. And In 27 states, drivers are eligible for reimbursement if they can prove their car was towed illegally. But only in 23 states are towing companies required to reimburse owners if they cause damages to their cars.
In piecing together her case, Liu did an excellent job of collecting evidence to support her claim against the city. She collected surveillance video footage which showed her car being towed at 4:46 a.m. before the tow order was handwritten by a police officer, and found out that the ticket was written because she was allegedly in a tow zone.
“It says that the date and time of the violation was 4:50 a.m.," Liu told CBS News Chicago. "I think this tow order was written after that red tow truck had already snatched my car.”
As Liu found out, Illinois law requires towing companies to provide reimbursement for a tow and damages if a vehicle was towed illegally. However, the City of Chicago does not provide a clear timeline by which cases have to be resolved, offering only an estimate of several months. As a result, the claim for damages to her car is still under consideration.
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What rights do drivers have?
If you believe that your car was towed illegally and damaged in the process, attempting to get reimbursement is no easy task. The first step is to understand your rights as a consumer, and how both local and state laws govern towing. PIRG has a state-by-state tool to help you understand your rights.
The next step is to do exactly what Liu did, and document everything that transpired between the time your car was parked and when it was towed. Instead of panicking, Liu called the local 311 number to find out if her car was towed, collected detailed information about why it was towed, tracked the order of events and put together a case to start the reimbursement process. Though Liu was released from the tow fees, she’s still working to get the ticket dismissed.
Should the city deny the damage claim, lawyers say the next step is to file a claim with your car insurance provider. Although you will have to pay the deductible upfront, your insurance provider will do their own investigation as to who caused the damage, how much the damage costs to repair and may attempt to collect payment from the contracted towing company. If they are successful, not only could you get your repair costs covered, but you may receive a refund on your deductible.
Depending on the extent of the damage, small claims court is also an option. Before taking your case before a judge, it’s crucial to understand what small claims can and cannot do. In Illinois, small claims court covers cases where alleged damages are $10,000 or less, and only offers a ruling on if the defendant should pay, rather than enforcing that they will.
Whichever recourse you seek, be sure to go over your state’s laws to ensure the complexities are worth how much you could recover in damages.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.