What Happens if a Towing Company Damages Your Car?
If a car becomes unusable and needs to be moved, a tow truck company may be contacted to transport the vehicle to a repair shop or another location. A towing service may also be contacted to remove a car that has been unlawfully parked or if the car owner has been arrested and cannot move their vehicle from the site. That said, there are times when a local towing company hauls your automobile away and then gets into a small accident on the way back home. Your once-perfect automobile now has scratches from the tow truck’s bumper, but you’re not sure who is to blame or what to do next. This article serves as a guide for such instances, outlining the measures that can be taken when something like this occurs.
Types of Damages That Could Occur
What happens if a towing company damages your car? There are some common types of damage that vehicles suffer in such instances. The most common problem seen by hauling clients is bumper damage. This is owing to the car’s incorrect positioning at the back and the driver’s irresponsibility. The driver has no idea how to use the brakes when pulling a car. The back vehicle may crash with the towing trailer if the brakes are suddenly applied. Car bumper damage may be expensive, and you may need to replace the bumper entirely. Other damage could include damage to the tires or windshield damage such as cracks and scrapes.
What Happens When Your Car Is Damaged During Towing?
What happens if a towing company damages your car? Well, you’d require auto repair. If your automobile has been damaged to the extent that it has to be repaired, you are likely to face significant expenses for repairing the damage. In this situation, it’s critical to ascertain if the tow truck company’s negligence or unprofessionalism caused your vehicle damage. If the damage was caused by the negligent activities of one of the tow truck company’s workers, the company should be held accountable. You may need to consult a personal injury attorney specializing in vehicle accident law to see how negligence can be proven.
If a tow truck damages your vehicle, you have a few choices for obtaining compensation. A reputable tow truck firm will often admit its mistake and gladly cover the fees. Work with a reputable technician from an auto repair company to guarantee that repairs are done correctly and affordably. If you believe the tow truck business is underpricing the damage, you should consult with an attorney before accepting the firm’s offer. You could also check with your insurance carrier to determine if the damage is covered under your policy. A collision coverage policy will often encompass damage caused by a tow truck company. If there are disagreements with the insurance company, if the damages are very costly, if your car is highly valuable, or if the tow truck firm refuses to accept wrongdoing, more legal action may be required. Working with an expert attorney is the best method to recover financially.
Are Towing Companies Responsible for the Damage?
What happens if a towing company damages your car? In most circumstances, local towing businesses are liable for any damage incurred while the car is in their control. This covers irresponsible driving by workers or subcontractors and damage from transport accidents. Some of the instances in which the driver may cause damage accidentally include:
- While changing lanes, the towed vehicle collides with another vehicle.
- The towed vehicle detaches from the towing container and collides with oncoming vehicles.
- The towing driver accelerates and collides with a pedestrian.
What happens if a towing company damages your car? In such circumstances, try documenting everything that has happened. Documenting evidence is critical in every car collision. Take pictures of the damage to your car as soon as you see it. Include as many perspectives as possible to present a complete picture of the situation. Keep any paperwork supplied by the towing firm. Request employee names and carefully note this information. If an auto body shop mechanic inspects your car, save their report. This documentation can be filed with an insurance or legal claim to substantiate your version of events.
The car towing service may try to defend themselves by stating that your car was damaged in a previous collision or pre-existing damage, which is why the company was contracted to tow the vehicle. Make your case stronger by obtaining eyewitness accounts, which help support the story you provide. You might also persuade the tow-truck driver to admit to causing damage to your vehicle.
What Are Your Rights If Your Car Is Damaged During Towing?
What happens if a towing company damages your car? It’s important that you know your rights in such situations. The tow truck driver must take the appropriate precautions to keep your automobile from being damaged and your possessions from being stolen. If your automobile is damaged or your possessions are gone, you must file a formal complaint with your designated towing firm. Make a written record of everything. If you have insurance, you can notify them of the incident. If you do not have insurance, engage a car body specialist to analyze the damage and repair expenses thoroughly. If you have some of your belongings stolen or lost, you must submit a valuation or worth of the missing item(s). You should then contact the towing company and request compensation. If they refuse to reimburse you for your losses, you can claim compensation.
What Damages Are Available?
What happens if a towing company damages your car? You might be entitled to different damages. If your car was damaged while being hauled or stored in a tow yard, you might choose to sue the towing firm. You would almost certainly file a breach of contract action since the firm owes you a duty of care to keep your automobile in good condition while performing towing services. They would have broken the contract if the vehicle had been damaged while in their care. A compensation award is designed to restore the petitioner to their pre-injury condition. Damages are often classified according to their purpose and function. The following are some examples of common damages in such a lawsuit:
- Compensatory Damages: Damages are intended to compensate for losses immediately caused by a breach. Compensatory damage might include payment for the cost of repairing the towing company’s damage to the vehicle.
- Expectation Damages: Expectation Damages are a subset of compensatory damages. They are the sums a party expects to obtain from the written contract.
- Consequential Damages: Another sort of compensatory damage that covers losses caused directly by the breach.
- Nominal Damages: A sort of damages award awarded for difficult-to-calculate losses. Nominal damages may also be granted in cases when the plaintiff suffers no financial loss.
In breach of contract situations, various damages may be awarded. Punitive damages, for example, might be awarded when the offender behaved intentionally. They may also be granted where there is evidence of fraud. Punitive damages are meant to penalize the offender for their acts and are usually reserved for the most heinous circumstances.
Send a Demand Letter
What happens if a towing company damages your car? It’s important that you send a demand letter to the towing company. A demand letter is a letter in which a series of requests are outlined. You might, for example, write to the towing firm and request that they return your automobile or pay for any damage. Requesting compensation through text message or phone is quite popular, but you may have a better chance of collecting payment if you do it in the form of a letter. Usually, letters are taken more seriously than text messages or phone payment requests. You should also keep any comments from the towing firm and use them as evidence at the small claims tribunal.
Not sure what to put in your towing business demand letter? Here are a few recommendations:
- How much money do they owe you?
- Reasons why you are owed money
- Your contact details
- Where should the money be sent?
- Inform them that if they do not react, you intend to sue since they did not provide you with an option
What Kind of Car Accident Lawyer Do I Need to Sue a Towing Company
If, after exhausting all other options, it is determined that legal action against a tow truck firm is required, a car accident lawyer can help. An experienced car accident lawyer can negotiate matters that are too hard or uncommon for other non-specialist lawyers. If a tow truck damages your vehicle, you have alternatives. An automobile accident lawyer can assist you in obtaining the money you require to repair your vehicle. Your property should not lose function or value due to someone else’s neglect. Many victims believe that a car accident lawyer will only handle cases involving the collision of two automobiles on the road or highway when, in truth, they have a wider range of experience and can handle cases involving car damage caused by a car towing service.
Getting Assistance From Emergency Roadside Assistance Companies
When you’re stuck on the side of the road, roadside assistance services can link you with the appropriate specialist, whether your car broke down and you need simple repairs, you’ve run out of petrol, or you want help with something else. If your car breaks down, roadside assistance may help you arrange for a tow, tire changes, jump-starting a dead battery, and other services. Roadside assistance is often available as an add-on from most auto insurance carriers.
Tips for Leaving Your Vehicle in the Custody of a Towing Service
If your car breaks down on the road and you need it towed, there are instances when you can’t always stay with your car till the tow truck arrives. If you have children or need to get to your destination fast, you may need to phone a cab or someone you know to pick you up and allow the tow truck to take your vehicle despite not being present. Do the following before leaving your vehicle for the tow truck to make the process considerably safer and more convenient.
Call the Police
Inform the appropriate local authorities that your car has broken down. Notify them where your car is and that you have summoned an auto towing service to remove it within the time range specified by your local towing company. You should call the police because it reduces the likelihood of your vehicle being seized and serves as a record if it is damaged. If a car is abandoned on the roadside for more than a day, the police will have it towed. Notifying the police is also beneficial if your car is broken into or vandalized before towing services arrive. It serves as proof that you informed the police when you departed. This record is important if you need to submit a police complaint about the state of your automobile or if you need to file an insurance claim for damages that occurred while the vehicle was not in your care.
Notify Your Insurance Company
It is also critical to notify your insurance provider that you will leave your car alone while the towing firm tows it. Prepare the towing company’s contact information to present to your auto insurance agent, so they can track when your vehicle was moved to a towing specialist’s truck.
Remove All Valuables
Remove any valuables, including your handbag, car titles, and other critical documents, before exiting your vehicle. If the towing professional has to put your car in neutral to transfer it securely, lock it and leave the keys in a pre-specified spot.
Make Your Car Noticeable
Make your car noticeable by turning on your warning lights, hanging a bright shirt or fabric from a window, and leaving your headlights on to make your car visible to other traffic on the road and your tow truck driver. Open your car’s hood to alert other drivers that your vehicle is broken down; the signal will prompt other vehicles to slow down to prevent colliding with your vehicle.
Call the Towing Company
Inform your towing business that you will not be present when help comes. When the tow trucker arrives to tow your vehicle, request an instant phone call and obtain an estimate of how long it will take to deliver your automobile to your house or other location. It would be preferable if you waited in your automobile until towing services came. If you are unable to do so, cover your bases to protect yourself and your car until towing services arrive to remove your vehicle off the road.
Whether it’s a personal vehicle or a truck that’s part of a heavy hauling fleet, it’s important that you take all precautions when handing your car over to an auto towing service. It’s also essential that the steps outlined in this article are followed if the towing service damages your vehicle or truck while moving it. Ensure you get proper compensation to cover auto repair and other damage you might have suffered.