CLEVELAND — A Cleveland woman said she wasn’t only a victim of a recent hit-and-run accident, but now she’s a theft victim on top of that. She said she’s having problems getting answers in her case, so she contacted the News 5 Investigators for help.
Samaria Holt told us she was going to her parked car on East 79th Street near St. Clair Avenue last month. She heard a vehicle coming. She jumped into her car, and then her car was hit.
“And they kept going so…” she told us.
“So you were nearly hit as well?” we asked.
“Yes,” she replied.
“What was that like?” we asked.
“I was just shaken up,” said Holt.
SHE LEFT BEHIND SOME VALUABLES IN THE CAR
An ambulance took her to the hospital, and she said she left her keys with the cop who stayed until the tow truck driver came. She said she left behind her wallet, phone and other belongings in the car.
Holt later pinged her phone, which was in a Cleveland neighborhood for several hours, and then it eventually showed up at Kufner Towing, which is the company that towed her car. She called Kufner about her phone.
"And so, he says, 'Is it here right now?' I go no, it was there 18 minutes ago,” Holt said. “And he stated that his driver had went to the gas station and he was going to call him back to the company.”
The News 5 Investigators contacted Kufner, too. A manager told us the driver handed over the phone to him, he fired the employee, and Kufner returned her phone.
THE IMPOUND LOT MYSTERY
Meanwhile, Holt went to the impound lot to see her car.
"My door was open. My vehicle was completely rummaged. My glovebox was on the floor,” described Holt.
She said her wallet was gone. The expensive car sound system was yanked out, and even her 3-year-old son’s car seat was missing. Now, she’s trying to figure out who’s responsible.
"They may have rights under the state consumer law,” said Cleveland Attorney Dan Myers.
WHAT ARE YOUR RIGHTS?
He said, in general, with towing cases, at least one Ohio court has said even when hired by a city, towing companies are providing a personal service to the customer.
"So, even though the consumer doesn’t hire them necessarily or doesn’t pick them, there’s still a consumer transaction,” said Myers. “There may still be rights and protections under that state consumer law in that situation.”
He said it matters if the towing company only does business inside the state or if it travels to other states to do business. However, he said tow companies have to return your property in at least as good a condition as they got it.
He told us that when someone intentionally steals your property, there’s potential for damage.
"And those claims may entitle someone to punitive damages because they’re intentional conduct or intentionally bad conduct,” said Myers.
He also told us there could be differences in a case if the driver is an actual employee or a contractor. He said be careful, though, when someone just claims they’re an independent contractor. It may not really be the case.
In addition to state laws, he said Summit County and the city of Cleveland have specific consumer rights.
"They have a consumer protection ordinance that allows consumers to sue businesses that do unfair, deceptive, unconscionable things to them,” said Myers.
Now, Holt has to take the bus and spend money on Lyft just to get her son to therapy sessions and more.
"Even now, I still feel very emotional about it,” said Holt. “Not being able to just get up and get into my vehicle and take my son to school.”
Cleveland Police told us it “initiated a police report for this incident. Once the available facts are reviewed and confirmed, appropriate action will be taken.”
