Friday, August 31, 2012

Drivers Fight Back Against Towing Company

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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