What is the time limit to file a small claims action against a business?
Our car was towed to an impound yard and when they let down the car off the tow hook it apparently slammed very hard on the ground and damaged the oil pan it was punctured and all the oil leaked out onto the pavement. We paid the impound charges and paid towing charges to a mechanic for repair and repair charges. We need to know the time limit to file a small claim for something like this?
Negligence is generally defined as a breach of a known duty of care that proximately results in damages to another. The statute of limitations for negligence in most states is 2 years from the date of the incident. In this case, you claim that the tow company damages your car while towing it, and as a result, you have suffered monetary damages. The claim that you want to make is for negligence. You want to make sure that you have repair estimates for the car and people that will come to court to testify about what happened and you shoudl get someone to come to court to testify as to the amount of the repairs that are needed. Simply providing a written estimate may not be enough.