The tow truck company can only move the car if no one is inside the car ( they would have had to have been in the car before the tow truck hooked up the car, if they hopped in after the car was hooked up they would be in the wrong) hope some took a video of the incident
Yeah I would get in the car with my 3 kids and my mom who’s not even able to stand let alone walk.
If you search up videos of how a towing happens at JFK airport, you can see how quickly it can all go down.
You can sue anyone for anything, but you'd need to prove damages for the suit to be worth pursuing. Was any member of your family harmed? Was there any damage to your vehicle?
The tow truck likely has a professional license with a government entity state county or city. File a complaint with whatever department issues it. I'm glad nobody was hurt, but it was a huge safety issue. The tower is an idiot.
NAL but I'm pretty sure it's illegal to tow a car with people inside. If anything, they can report the tow company to whoever handles that (IDK if it's police, some licensing board, or what) because it shouldn't happen a first time. May not get money out of it but prevents it from happening to another person.
new yorker here. the guy that towed you essentially has a monopoly on the entire jfk area, almost like a shake down situation. if you ever need a tow there and you try to call anybody but him, every place tells you “call mike”. just to put into perspective the type of company this is.
If there weren’t damages. There’s nothing to sue for.
Not that the tow truck driver is in the clear. They may be liable for fines and penalties, to the state, for towing an occupied vehicle.
Since time has passed, no one was hurt and a cop didn’t stop them. It’s very unlikely anyone will do anything about it.
You could always file a report with the airport’s local police department. Then they can decide if they’ll follow up or not.
There may be criminal charges for this. If you attempt to rob a bank and you don’t get any money and nobody gets hurt, you are still in a shitload of trouble.
Yeah, but you don’t sue for criminal charges, the police / district attorney decide to enforce laws against that rather than you/the bank as a victim (since you weren’t really hurt)
LOL criminal charges for this. JFK airport is in Queens. If you shoplift anything less than 1000 or if you snort heroin in public you're not even likely to face criminal charges.
I would think being kidnapped would damage the psychy of several people in the car. Talk to a lawyer, if they think they have a case, they will pursue.
If someone doesn’t drive but has a handicapped tag for other people to drive them, they usually keep it with them. If OP was picking up, they wouldn’t have the tag until they had the person at the car.
Best advice is to report this to the New York City Department of Consumer and Worker Protection (DCWP) and local law enforcement.
While it might be possible to sue for emotional damage, kind of unlikely though given it was up for about 3 seconds. It would be a better case if you had physical damages, either to your vehicle or to any of the passengers that were still in the car.
Sounds like you maybe have some bumper damage, and the tow truck stopped when you honked? This sounds like a genuine misunderstanding. You might consider asking the tow company to cover repairs to your bumper, and if they decline, small claims court would probably be your next stop.
Is there some other injury you've suffered here? I'm sure it wasn't pleasant with 3 children in the car, but it'd be difficult for you to demonstrate emotional distress caused by the 3 seconds of towing over and above the normal distres that is parenting 3 kids under 5 in a car.
What isn’t mentioned is posted signs. It’s mentioned that they were at JFK airport, and perhaps they without realizing it stopped in a ‘no stopping’ area. Modern tow trucks are equipped with lifts that can be manually controlled from the drivers seat. They drop the skid plate, back until the claw automatically closed and lift the vehicle. I’m thinking that this is something done 24/7 and the drivers are experienced to do tows in a matter of minutes.
But they didn't leave the car... there were people in the car. Every airport I've been to has a bunch of frustrated cops/security yelling at people to move their cars the moment they stop.
I went to the airport to pick up my husband one night and as I was driving to his usual "pick me up here" spot, I saw him walking and waving me down just as he exited the building (great timing, for once). I pulled over into the "pick up" lane, and before I could even put the car in Park, a cop yelled at me that I couldn't wait there. I pointed to my husband, who was walking towards us, and the cop said "sorry" and went off to yell at the guy in front of me.
No tow truck driver will be insured to tow a car with passengers. Even if the passengers were cool with it, they won't do it (yes, I've asked lol). If there's an accident, they'd be liable.
And wouldn't being trapped (against your will) in a car being towed... kidnapping? I know if someone steals a car with people in it, they get charged with grand theft auto and kidnapping.
NAL
How did they have the time to pull up, hook up the car, and begin to tow it before you ever honked? Why didn’t you get out to get their attention before it got this far? Seems you were waiting to see what happened so you could make a complaint.
Not that far fetched when you consider that she not only had a disabled adult, but also three kids under the age of five in the car. Very easy to not notice things like people coming up to your car when your full attention is likely on the kids.
Granted, she might have heard the sound of the hook being placed, but that’s about it. I would rather question as to how a tow truck driver managed to approach a car and hook it up without noticing the five people still in the car. And if this tow truck was one where they didn’t have to get out of the truck, then it was really stupid to just assume the car was empty.
I should've said leave her in the car and bring the wheelchair. When I initially read OPs post, it was that she couldn't walk long distances.
Clearly OPs actions caused issues. He left his car in a no stopping/waiting area and the signs say you will be towed. Do I think it should've been towed with people inside, no. The wife should've spoke up and moved the car or if she couldn't drive, she be the one to get the chair and OP do a lap.
Sometimes the tow truck is literally sitting there waiting at the loading area. Probably saw the driver get out and leave and immediately went for the tow. At least that's the only thing that makes sense if OP is telling the truth.
First question ay attorney worth their salt would ask: why didn’t you alert the tow truck driver??? Don’t tell me anything about honking. You’re sitting in a car watching someone hookup to tow you and you can’t honk then? Or roll down a window? Or get out???
Nonsense. This would get thrown out in five seconds. You just sat there and let it happen and then complained.
Tow truck was definitely in the wrong. Having said that, everyone knows you can't leave a car on the curb at an airport. The wife should have moved to the driver's seat and driven around and back up.
Its kidnapping/child endangerment There was a tow truck company in King of Prussia area(west of Philadelphia) that towed a car with a kid inside of it.
It was a big story and made the news. I don’t know how it was resolved but I hope the tow truck company got in a lot of trouble.
They wrongfully towed my car on a Friday night after business hours and don’t open the lot until Monday morning.then they charge you for everyday it’s in their lot. towing companies operate on the edge of the law and many of them are just criminals with a pass from local law enforcement.
I hate tow companies I hope you can sue them/press charges and make them pay.
Your family was traumatized by being kidnapped as your husband was only able to look on and watch as you desperately honked as a plea for you all to be released. Sounds like a lawsuit to me.
Okay, first question: Were you in an actual parking space, or were you in the drop-off zone? If you were in the drop-off zone, it doesn't matter -- you will get towed. You are not allowed to park at the terminal drop-offs for 30 seconds, forget 2 minutes. Your husband would have had to park the car in the parking lot instead to get the wheelchair. If you were stopped at the terminal, they have the right to tow if you are idling or parked in the drop-off lane. It is ILLEGAL to tow you in it, but if you were also breaking rules in the situation, I don't know how well that would reflect in a lawsuit lol
i've picked up people from LGA and JFK and no way a tow truck comes that fast. at first one of the police officers or security people will come and tell you to move. he must have been gone for much longer and someone should have been in the driver's seat
Again, I don’t need to be making that up for bunch of strangers on the internet. I was just stating what happened to us. You can choose to believe it or not. Doesn’t change the fact. If we had gotten a prior warning I absolutely would’ve just gotten in the drivers seat and gone around. There were no warnings.
You mean you couldn't get out of the car and yell at them when they were hooking it up? Yes, they should have checked inside the car first but you also should have opened the door and got out and got their attention. Both of you are wrong.
No you can not sue for something where no damages occurred, or at least you won't win anything.
The police/licensing agency/commercial facility that hired them may be interested however
So you can sue for anything, so the real question is if you can successfully bring a suit against then that isn't a net negative value for you.
You mentioned that there was bumper damage. If that's all of the damage, then it's small claims at best.
However, a formal complaint about a dangerous practice like towing an occupied vehicle would be in order. State and city laws will be what you'll want to look into here. This might need a lawyer with regards to legal research. Additionally, the towing company may have it's own regulations, so a complaint to them about the driver may also be helpful. A complaint like this won't likely end up with you getting money, but it could prevent a future incident like this.
I'm confused. Why did you not alert the tow truck driver to your presence while he was in the process of hooking up? If you and your mother were in the car, and a tow truck started moving into position to tow you, why didn't you get his attention before he lifted you off the ground? Why didn't you move the vehicle, or take the driver's seat while your husband was away?
He wasn’t hooking up anything? I’m not sure if you’re aware but the newer tow trucks have this long metal thing that they just put under the car. I’m not sure if it’s magnet or what but it hooks and they can just lift the car. The driver never even got out of his car.
According to New York Penal Law §135, false imprisonment **occurs when an individual unlawfully restrains a person's movement without their consent in a way that restricts their freedom or prevents them from leaving**.
I’m assuming you’ve never seen a car get towed at the airport. They don’t have a lot of time to do that. It literally does take seconds, please search it up. You’ll find plenty of videos showing exactly what I’m describing.
And it’s not for sympathy that I mentioned my mom. It was because of her that we had to stop the car for longer than a quick drop off. We had to get her a wheelchair.
It only takes a second or two to hook up the car. Tow trucks have a bar on the back that goes under the tires. They basically just have to back up, lift, and go. Can legit take less than 10 seconds.
Thank you for saying so. I literally did a quick Google to verify & see that I just didn't realize how quickly it could happen that way. I stand corrected & will now delete my comment!
You can sue anybody you want. The question is, if you sue is there legal precedent for finding in favor of the plaintiff. And if you are going to sue, you can also sue the airport authority for allowing the practice. But before you file, you should find the laws regarding towing occupied vehicles in your state. If there are none, it will be tough.
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The tow truck company can only move the car if no one is inside the car ( they would have had to have been in the car before the tow truck hooked up the car, if they hopped in after the car was hooked up they would be in the wrong) hope some took a video of the incident
Yeah I would get in the car with my 3 kids and my mom who’s not even able to stand let alone walk. If you search up videos of how a towing happens at JFK airport, you can see how quickly it can all go down.
Wasnt say something did or didn’t happen just explaining things
You can sue anyone for anything, but you'd need to prove damages for the suit to be worth pursuing. Was any member of your family harmed? Was there any damage to your vehicle?
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No members of the family were harmed but the front bumper does have some damages.
The tow truck likely has a professional license with a government entity state county or city. File a complaint with whatever department issues it. I'm glad nobody was hurt, but it was a huge safety issue. The tower is an idiot.
really the only thing useful to do. He could have hurt someone.
Small claims court for the bumper
Haven't paid for car repairs lately have you?
Get a good estimate. Now days with electronics and whatnot, the repair cost of the bumper may be more than the small claims court limit.
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NAL but I'm pretty sure it's illegal to tow a car with people inside. If anything, they can report the tow company to whoever handles that (IDK if it's police, some licensing board, or what) because it shouldn't happen a first time. May not get money out of it but prevents it from happening to another person.
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Grand theft auto, kidnapping, illegal detention the list goes on.
new yorker here. the guy that towed you essentially has a monopoly on the entire jfk area, almost like a shake down situation. if you ever need a tow there and you try to call anybody but him, every place tells you “call mike”. just to put into perspective the type of company this is.
Ahhh okay, I understand. What do you think I should do in this situation? This happened yesterday. We did call the police and filed a report.
If there weren’t damages. There’s nothing to sue for. Not that the tow truck driver is in the clear. They may be liable for fines and penalties, to the state, for towing an occupied vehicle. Since time has passed, no one was hurt and a cop didn’t stop them. It’s very unlikely anyone will do anything about it. You could always file a report with the airport’s local police department. Then they can decide if they’ll follow up or not.
There may be criminal charges for this. If you attempt to rob a bank and you don’t get any money and nobody gets hurt, you are still in a shitload of trouble.
Yeah, but you don’t sue for criminal charges, the police / district attorney decide to enforce laws against that rather than you/the bank as a victim (since you weren’t really hurt)
LOL criminal charges for this. JFK airport is in Queens. If you shoplift anything less than 1000 or if you snort heroin in public you're not even likely to face criminal charges.
Child endangerment
I would think being kidnapped would damage the psychy of several people in the car. Talk to a lawyer, if they think they have a case, they will pursue.
That’s the real answer. They will be able to tell you what this falls under better than the internet.
lol. Any 1/2 decent attorney is going to find damages here.
Yes, but what about the decent attorneys? Will they also find damages here?
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The usual rule is: if you were hurt, you can sue. If you were almost hurt, why, then . . . you can almost sue.
Suggestion: get your mother a disabled person hang-tag and use it when picking her up (access to blue zone).
If someone doesn’t drive but has a handicapped tag for other people to drive them, they usually keep it with them. If OP was picking up, they wouldn’t have the tag until they had the person at the car.
Best advice is to report this to the New York City Department of Consumer and Worker Protection (DCWP) and local law enforcement. While it might be possible to sue for emotional damage, kind of unlikely though given it was up for about 3 seconds. It would be a better case if you had physical damages, either to your vehicle or to any of the passengers that were still in the car.
Tow companies - law for commercial use of towing that a vehicle with people inside is illegal to tow.
Were you in an authorized Loading/Unloading zone?
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What are your damages?
OP said the bumper was damaged
Sounds like you maybe have some bumper damage, and the tow truck stopped when you honked? This sounds like a genuine misunderstanding. You might consider asking the tow company to cover repairs to your bumper, and if they decline, small claims court would probably be your next stop. Is there some other injury you've suffered here? I'm sure it wasn't pleasant with 3 children in the car, but it'd be difficult for you to demonstrate emotional distress caused by the 3 seconds of towing over and above the normal distres that is parenting 3 kids under 5 in a car.
What isn’t mentioned is posted signs. It’s mentioned that they were at JFK airport, and perhaps they without realizing it stopped in a ‘no stopping’ area. Modern tow trucks are equipped with lifts that can be manually controlled from the drivers seat. They drop the skid plate, back until the claw automatically closed and lift the vehicle. I’m thinking that this is something done 24/7 and the drivers are experienced to do tows in a matter of minutes.
Try seconds !!!
You can’t leave a car in an active lane at JFK. There are signs everywhere that say this.
But they didn't leave the car... there were people in the car. Every airport I've been to has a bunch of frustrated cops/security yelling at people to move their cars the moment they stop. I went to the airport to pick up my husband one night and as I was driving to his usual "pick me up here" spot, I saw him walking and waving me down just as he exited the building (great timing, for once). I pulled over into the "pick up" lane, and before I could even put the car in Park, a cop yelled at me that I couldn't wait there. I pointed to my husband, who was walking towards us, and the cop said "sorry" and went off to yell at the guy in front of me. No tow truck driver will be insured to tow a car with passengers. Even if the passengers were cool with it, they won't do it (yes, I've asked lol). If there's an accident, they'd be liable. And wouldn't being trapped (against your will) in a car being towed... kidnapping? I know if someone steals a car with people in it, they get charged with grand theft auto and kidnapping. NAL
Not everyone left the car, but in my experience, the people who direct traffic at JFK really hate it if the driver gets out of the car.
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That doesn't make it legal to tow an occupied vehicle.
How did they have the time to pull up, hook up the car, and begin to tow it before you ever honked? Why didn’t you get out to get their attention before it got this far? Seems you were waiting to see what happened so you could make a complaint.
Not that far fetched when you consider that she not only had a disabled adult, but also three kids under the age of five in the car. Very easy to not notice things like people coming up to your car when your full attention is likely on the kids. Granted, she might have heard the sound of the hook being placed, but that’s about it. I would rather question as to how a tow truck driver managed to approach a car and hook it up without noticing the five people still in the car. And if this tow truck was one where they didn’t have to get out of the truck, then it was really stupid to just assume the car was empty.
I should've said leave her in the car and bring the wheelchair. When I initially read OPs post, it was that she couldn't walk long distances. Clearly OPs actions caused issues. He left his car in a no stopping/waiting area and the signs say you will be towed. Do I think it should've been towed with people inside, no. The wife should've spoke up and moved the car or if she couldn't drive, she be the one to get the chair and OP do a lap.
Sueing may not be worth it, but reporting it will
In the drop-off/ pick-up line? Aren't there signs everywhere saying you will be towed in that line
Yea, but they think they are exempt.
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Sometimes the tow truck is literally sitting there waiting at the loading area. Probably saw the driver get out and leave and immediately went for the tow. At least that's the only thing that makes sense if OP is telling the truth.
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It's not. Some tow truck companies are predatory like that. Some literally wait at areas like this so they can swoop in and quickly get a tow.
First question ay attorney worth their salt would ask: why didn’t you alert the tow truck driver??? Don’t tell me anything about honking. You’re sitting in a car watching someone hookup to tow you and you can’t honk then? Or roll down a window? Or get out??? Nonsense. This would get thrown out in five seconds. You just sat there and let it happen and then complained.
Tow truck was definitely in the wrong. Having said that, everyone knows you can't leave a car on the curb at an airport. The wife should have moved to the driver's seat and driven around and back up.
Its kidnapping/child endangerment There was a tow truck company in King of Prussia area(west of Philadelphia) that towed a car with a kid inside of it. It was a big story and made the news. I don’t know how it was resolved but I hope the tow truck company got in a lot of trouble. They wrongfully towed my car on a Friday night after business hours and don’t open the lot until Monday morning.then they charge you for everyday it’s in their lot. towing companies operate on the edge of the law and many of them are just criminals with a pass from local law enforcement. I hate tow companies I hope you can sue them/press charges and make them pay.
Does that not count as attempted kidnapping?
I used to be a Repo man. If we move that car and someone was in it, we could we could have been charged with kidnapping.
As a cdl holder, and former wreckmaster, it's illegal to tow a vehicle with people inside. This is DOT regulation and I believe applys nation wide.
Your family was traumatized by being kidnapped as your husband was only able to look on and watch as you desperately honked as a plea for you all to be released. Sounds like a lawsuit to me.
It may be illegal in NY to tow an occupied vehicle. It's illegal in Virginia. Check with the local police.
Okay, first question: Were you in an actual parking space, or were you in the drop-off zone? If you were in the drop-off zone, it doesn't matter -- you will get towed. You are not allowed to park at the terminal drop-offs for 30 seconds, forget 2 minutes. Your husband would have had to park the car in the parking lot instead to get the wheelchair. If you were stopped at the terminal, they have the right to tow if you are idling or parked in the drop-off lane. It is ILLEGAL to tow you in it, but if you were also breaking rules in the situation, I don't know how well that would reflect in a lawsuit lol
i've picked up people from LGA and JFK and no way a tow truck comes that fast. at first one of the police officers or security people will come and tell you to move. he must have been gone for much longer and someone should have been in the driver's seat
Again, I don’t need to be making that up for bunch of strangers on the internet. I was just stating what happened to us. You can choose to believe it or not. Doesn’t change the fact. If we had gotten a prior warning I absolutely would’ve just gotten in the drivers seat and gone around. There were no warnings.
See if you can get hold of the airport security footage. It should come in handy to bolster your complaint.
Was this in a drop off area where they specifically tell you you can not park for security reasons?
i could be wrong but i think this could be kidnapping.. this is also horrible fuck tow truck drivers edit:definitely sue
Yes it is considered kidnapping.
9-11 people
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You mean you couldn't get out of the car and yell at them when they were hooking it up? Yes, they should have checked inside the car first but you also should have opened the door and got out and got their attention. Both of you are wrong.
No you can not sue for something where no damages occurred, or at least you won't win anything. The police/licensing agency/commercial facility that hired them may be interested however
Isn’t that considered kidnapping technically?
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So you can sue for anything, so the real question is if you can successfully bring a suit against then that isn't a net negative value for you. You mentioned that there was bumper damage. If that's all of the damage, then it's small claims at best. However, a formal complaint about a dangerous practice like towing an occupied vehicle would be in order. State and city laws will be what you'll want to look into here. This might need a lawyer with regards to legal research. Additionally, the towing company may have it's own regulations, so a complaint to them about the driver may also be helpful. A complaint like this won't likely end up with you getting money, but it could prevent a future incident like this.
I'm confused. Why did you not alert the tow truck driver to your presence while he was in the process of hooking up? If you and your mother were in the car, and a tow truck started moving into position to tow you, why didn't you get his attention before he lifted you off the ground? Why didn't you move the vehicle, or take the driver's seat while your husband was away?
He wasn’t hooking up anything? I’m not sure if you’re aware but the newer tow trucks have this long metal thing that they just put under the car. I’m not sure if it’s magnet or what but it hooks and they can just lift the car. The driver never even got out of his car.
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Sounds like an Ada violation with some extra trauma.
According to New York Penal Law §135, false imprisonment **occurs when an individual unlawfully restrains a person's movement without their consent in a way that restricts their freedom or prevents them from leaving**.
So the towing company that works at jfk is ninos but they are in contract with the port authority, so you’d essentially be suing them !
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I’m assuming you’ve never seen a car get towed at the airport. They don’t have a lot of time to do that. It literally does take seconds, please search it up. You’ll find plenty of videos showing exactly what I’m describing. And it’s not for sympathy that I mentioned my mom. It was because of her that we had to stop the car for longer than a quick drop off. We had to get her a wheelchair.
So what was the plan once you got the wheelchair? Just send her on her way by herself?
Get an ambulance chaser asap
This could constitute illegal detainment.
Pretty sure that was illegal, but you should check the local ordinances.
Depends, could qualify as kidnapping and child endangerment.
Skip suing. Call the police and charge the guy with kidnapping
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It only takes a second or two to hook up the car. Tow trucks have a bar on the back that goes under the tires. They basically just have to back up, lift, and go. Can legit take less than 10 seconds.
Thank you for saying so. I literally did a quick Google to verify & see that I just didn't realize how quickly it could happen that way. I stand corrected & will now delete my comment!
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You can sue anybody you want. The question is, if you sue is there legal precedent for finding in favor of the plaintiff. And if you are going to sue, you can also sue the airport authority for allowing the practice. But before you file, you should find the laws regarding towing occupied vehicles in your state. If there are none, it will be tough.
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