Hartford Towing Policy Reformed As The Result of Federal Suits

By George Gombossy | Last updated Mar 14, 2010, 9:18 pm

In a major victory for consumers in Connecticut, Hartford has agreed in federal court to reform its towing policies, reducing the amount that towing victims have to pay, and requiring Hartford police officers to finally follow their long-standing internal towing policies.

Without admitting any intentional wrongdoing, Hartford officials on Monday went into federal court, where U.S. District Judge Judge Vanessa L. Bryant signed off on a settlement between the city of Hartford and the West Hartford consumer law firm of Izard Nobel LLP, which had filed two class action suits against the city.

The agreement, which provides for $100,000 in legal fees, requires the Hartford to reimburse $15 to each of the potentially thousands of people whose cars were improperly towed and to stop charging towing victims a $20 “administrative fee,” which I consider to be a kickback.

The city is also required to set up a system under which indigent people could obtain a waiver of towing fees.

Hartford agreed to work with the owners of the vehicles before having their cars towed, which had required the owners or their insurance companies to pay towing and storage charges. Some victims were even prohibited by towing companies from taking personal belongings in their vehicles until their charges were paid – in cash.

West Hartford attorney Jeffrey Nobel won the settlement. He and his legal team launched the two federal class-action lawsuits based on complaints from two victims whom I asked his firm to represent while I was the Watchdog columnist at The Courant.

“Our focus was to change the system,” Nobel told me. ”We wanted to change the system to help people get their property back” and to give victims a chance to get their vehicles before they are towed.”

“My firm is very proud that our class action lawsuits and litigation efforts resulted in both cash compensation to class members, as well as the City of Hartford’s agreement to make significant changes to its towing practices. We also thank our class representatives for unselfishly devoting their time and effort to these cases.”

The key plaintiffs, Tracey Crawley and Preston Garcia, will also receive compensation. Crawley is to get $2,500 and Preston will receive $1,000.

The issue arose two years ago when Hartford police discovered Crawley’s car, without wheels and with a damaged starter, on Bodwell Street in Hartford. (The following account is from my original column in The Courant).

Instead of calling Crawley of East Hartford, Hartford police called Reno’s Auto Body & Towing. Reno’s, like many Hartford towing operations, has a contract with the city permitting it to pick up the stolen cars in return for a $20 kickback to the city.

Crawley, whose car was stolen in Manchester, asked Reno’s for permission to see her car and take out any personal belongings that might have been left in it. Reno’s refused, saying she first had to pay the $97 towing charge. Crawley, a clerk in Hartford, told me she didn’t have the money to pay the charge.

Crawley – through a friend – contacted the Watchdog. I put Crawley in touch with Nobel, who agreed to represent her for free.

Nobel went to Reno’s with Crawley and he, too, was denied permission to enter the car, a 1994 Chrysler. Crawley said she would gladly give the car to Reno’s, but Reno’s owner refused, saying he would sue her for the towing charge as well as for storage.

Nobel then filed an appeal with Hartford police, which was denied.

He then filed a lawsuit claiming that Hartford’s practice violates the U.S. Constitution’s due process clause, as well as state law and internal Hartford police guidelines.

Both state statutes and police guidelines require that police first attempt to contact the owner of a stolen vehicle before turning the car over to a private towing firm, Nobel said.

Nobel added that it took several days to find the Hartford police guidelines, because not even the police officers knew where to find a copy.

The other plaintiff in the lawsuit is Preston Garcia of Manchester, whose car was stolen on Jan. 9, 2006, in Hartford. It was found three days later and was immediately towed by Friendly Auto Body & Towing.

Garcia, Nobel said, was called by Hartford police as his car was being towed. Since the car was drivable, Nobel said, Garcia would have been able to take it directly home, instead of having to go to Friendly — what a great name — and pay $97. His appeal was also rejected by Hartford police.

Please click on the files below to see complete details of the settlement.

Leftwich Final Approval Order

Garcia Final Approval Order