Two major Columbus-area towing companies, Shamrock Towing
and Camcar, have been systematically overcharging drivers whose cars were
towed, and a new class action lawsuit, filed Wednesday in the Franklin County
Court of Common Pleas, seeks to bring an end to this illegal practice and
recover the excessive charges drivers were forced to pay to get their cars back.
Ohio law prohibits towing companies from charging more than
$90 for towing and $12 per day for storage when they tow a car, but according
to the lawsuit, both Shamrock and Camcar regularly charge an additional $30
“administrative fee” that the law does not allow.
Bill McCartney, one of the drivers bringing the class
action, explained why he felt the need to bring suit. “What upsets me is that
there is nothing I or other drivers can do to fight the excessive fees. Your car is being hostage and if you want it
back, you have to pay whatever they demand.”
McCartney noted that he does not object to towing when it is done in
accordance with Ohio law.
Fred Gittes, who along with Mark Lewis and Robert Wagoner,
all Columbus attorneys, filed the class action, explained that Shamrock and
Camcar are among the larger towing companies in the state, and that it appears
that charging more than the state towing statute allows is an industry-wide
practice in Ohio’s cities. “Towing
companies are basically thumbing their noses at the law, which is intended to
allow for towing, but also to protect drivers from unreasonable and predatory
charging practices. After all, once the
towing company has your car, you are basically helpless when it comes to what
you have to pay to get it back. You
can’t negotiate, you can’t refuse to pay, and in most cases, the person who
just got towed has no idea what is reasonable, much less what the maximum
allowed rate is.”
One of the first steps in the lawsuit, according to Gittes,
will be to find out just how widespread this illegal practice has been. Thousands of people have likely been affected
by the policies in place at Shamrock and Camcar, to say nothing of the numerous
other towing firms operating in Columbus and throughout Ohio.
For further information, contact Fred Gittes, The Gittes Law
Group, (614) 222-4735. You may also contact Mark Lewis or Stephen Whetstone with Kitrick, Lewis & Harris Co., L.P.A., 614-224-7711.
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