Complaint Review: Alpine Auto Recovery Towing LLC - Denver Colorado

SUMMARY:  This driver failed to follow protocol and illegally towed vehicle.  Unskilled Matt Cooper/Driver of Denver (Truckers and Artisans Casualty Co. is insurer Policy # CA08390706 for anyone running into the same problem we did i. e. company and driver failed to submit insurance co. information and blamed each other for responsibility).  After over a month of stalling, Alpine Auto Recovery LLC submitted altered photos claiming no damage to vehicle.

Insurance companies have been provided evidence and will pursue subrogation and fraud investigation.  This is the attorney letter we sent them, so far unanswered.  The Woodhaven Apts and Townhomes management are defending the actions of this towing company (they are old friends) thus giving Colorado PUC the excuse of not following up on claim of illegal operation.

Alpine Auto Recovery

1900 South Quince Street, Suite A

Denver, Colorado 80231

Re: Demand for Refund of improper Towing charges, Damage to vehicle, and other

Expenses Related to Improper Towing

Ticket Number 038085

To Whom It May Concern:

Ms W***** (hereinafter'Ms. W*****") recently contacted this Law Firm regarding the

unauthorized tow of her truck from designated visitor parking area. The negligence of your employee

resuited in the unauthorized tow of Ms. W*****'s vehicle, resulting 194.32 in towing fees, as well

as $2,705.33 in damage to driver's side of the vehicle, and $100.00 in vehicle rental costs. As such, Ms.

W***** has authorized the dispatch of this letter on her behalf to demand complete reimbursement for

the expenses.

On April 27,2013, an A1pine Auto Recovery employee by the name of Matt Cooper was

instructed to tow Ms. W*****'s 2001 Dodge Dakota from ihe visitor parking area of Woodhaven

Apartments and Townhomes at 7500 East Harvard Avenue, Denver, Colorad under ticket number

038085. Ms. W*****'s vehicie was parked in designated visitor's area, was not iilegally parked, and

was not abandoned. This tow was not allowed under any towing carrier rule as described by the Colorado

Department of Regulatory Agencies. 4 ccR 723-6,Rule oooo it ruq.

Specifically, Colorado towing regulations require that a tow cannot be conducted without proper

authorization. In this situation, the only proper means of authorization was from a properly owner. 4 CCR

723-6, Rule 6508(bxtr). You did not obtain authorization from the property owner before towing Ms.

W*****'s vehicle. As such, you are legally prohibited fiom charging Ms. W***** for towing costs. 4 CCR 723-6, Rule 6508(c) However, you have attempted to charge Ms. W***** $194.32 for this

unauthorized tow. Ms. W***** demands a full refund foi these unlawful towing"charges.

Additionally, your driver Matt Cooper negiigently caused $2,705.33 in damage to the driver,s

side of Ms' W*****'s vehicle during this itlegal tow. Our records showing the extent of th" damage and

necessary repairs. Ms' W***** also incurred some $100.00 in rental fees while her vehicle waieing

ypaired. As such, you are responsible to compensate Ms. Whigham for a total of $2,999.65 for damage to

her vehicle and unauthorized towing fees.

Alpine Auto Recovery is directly responsible for ail the above costs under the doctrine of

respondeat superior. Colorado courts have consistently found that under respondeat superior theory,

employers are vicariously liable for torts committed by employees acting within the course and scope of

their employment. Destefano v. Grabrian, 763 P.2d 275,286 (Colo. 1988).

An employee is said to be acting within the scope of his or her employment if he or she is doing "the work assigrred to him by his employer, or what is necessarily incidental to that work, or customary in the employer's business." Moses v. Diocese of Colorado, 863 P.2d 310,330 (Colo. 1993) (citing Destefano,763P.2dat286).

Contact Ms. W**** at once to arrange for the payment of all damages. Should you fail to

resolve this matter, in a timely fashion, this Firmwill advise Ms. Whigham of all her possible remedies

against Alpine Auto Recovery, including the initiation of a lawsuit against you for negligence as well as

possible claims with the Colorado Department of Regulatory Agencies regarding the fitness of Alpine

Auto Recovery to remain a licensed tow operator in the state of Colorado.

To prevent the escalation of this matter, cortact Ms. Ann Whigham directlv at the following

address to affange for the payment of full compensation: 7475 East Haryard Avenue, IJnit D, Denver,

Colorado 80231. Thank you for your cooperation.

Jimmy Garg, Esq.

For the Firm