Finding your vehicle towed is already a frustrating experience, but discovering that the car has been damaged during the towing or storage operations transforms the inconvenience into a real economic and moral loss. If you find yourself in this situation, it is essential to know that the law offers specific tools to protect your rights. It's not just about assessing the legitimacy of the administrative penalty, but about determining the liability of those who had custody of your property. As a lawyer specializing in compensation for damages in Milan, I deeply understand the sense of injustice that accompanies these events and the importance of acting promptly to obtain fair compensation.

The Regulatory Framework: Liability and Vehicle Custody

When a car is forcibly towed, a custody relationship is established between the road authority (often the Municipality), the company responsible for towing, and the vehicle owner. According to Italian law and established case law, those who carry out the towing and custody of the vehicle are obliged to return it in the same condition it was in at the time of collection. Civil liability in these cases is based on Article 2043 of the Civil Code, which obliges anyone who causes unjust damage to compensate for it, and on Article 2051, which governs liability for damage caused by things in custody.

It is crucial to distinguish two aspects: the legitimacy of the towing and the material damage. Even if the towing was legitimate (for example, due to an effective parking ban), this does not in any way authorize the operators to damage the vehicle. Scratches on the bodywork, damage to the bumper, mechanical failures due to towing, or theft of items inside the cabin during storage in the impound lot are events that generate a right to compensation. Case law has clarified that the custodian entity must prove that it has taken all appropriate measures to prevent damage, often establishing objective liability unless a fortuitous event occurs.

The Approach of the Bianucci Law Firm to Compensation for Damages

When dealing with cases of vehicles damaged by forced towing, the approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is methodical and focused on rigorous evidence gathering. The main difficulty in these disputes often lies in the burden of proof: demonstrating that the damage was not present before the towing. For this reason, the Bianucci Law Firm meticulously analyzes the towing report, which should note the condition of the vehicle at the time of collection, and assists the client in gathering testimonies, photographs, and technical expert reports.

The defense strategy is divided into an initial out-of-court phase, where a formal request for compensation is sent to the public authority and the contractor company for the towing service, citing the regulations on custodian liability. Avv. Marco Bianucci carefully assesses whether there are grounds to also contest the legitimacy of the towing report, acting on a dual track: the annulment of the penalty and compensation for material damage. In-depth knowledge of local dynamics in Milan and municipal regulations allows the firm to effectively interact with the administrations and insurance companies involved, with the aim of obtaining fair compensation without necessarily resorting to lengthy litigation, where possible.

Frequently Asked Questions

Can I claim compensation even if the parking ticket was correct?

Yes, absolutely. The legitimacy of the administrative penalty for the traffic violation is a separate issue from liability for damages caused to the vehicle. Even if you were wrong to park in a prohibited area, the entity towing and storing the car has a duty not to damage it. If the vehicle sustains damage during transport or storage, you are entitled to compensation regardless of the validity of the ticket.

Who is responsible for the damage: the Municipality or the tow truck company?

Usually, there is joint liability. The Municipality (or the road authority) is responsible as the client of the service, while the company that performed the towing is responsible as the material executor and custodian. As a lawyer specializing in compensation for damages, Avv. Marco Bianucci generally directs the claim to both parties to ensure maximum protection for the client, leaving it to the parties involved to settle their internal indemnity arrangements.

What proof is needed to show that the damage occurred during towing?

Proof is the key element. It is essential to take photographs of the damage as soon as you collect the vehicle from the impound lot, preferably before moving it. If possible, have the damages noted on the return report or immediately send a written objection (certified email or registered mail) to the impound lot. Testimonies from people present at the time of collection or photos of the vehicle taken shortly before towing can also be decisive in building a strong claim for compensation.

How long do I have to claim damages?

The right to compensation for damages arising from an unlawful act generally expires after five years. However, it is of vital importance to act immediately. The more time passes between the collection of the vehicle and the reporting of the damage, the easier it will be for the opposing party to argue that the damage occurred after the vehicle was returned. Prompt legal action significantly increases the chances of success.

Legal Assistance for Your Compensation in Milan

If your car has suffered damage as a result of forced towing, do not let time prejudice your rights. The Bianucci Law Firm is at your disposal to assess the case, analyze the documentation, and define the most effective strategy to obtain fair compensation. Avv. Marco Bianucci will welcome you at the Milan office, located at Via Alberto da Giussano 26, for an in-depth examination of the matter, ensuring professional and transparent assistance aimed at protecting your assets.