Can I Sue a Towing Company for Damaging My Car? Your Rights

Have you ever experienced a situation where a towing company damaged your car? In this scenario, you might be searching for coverage. If you are asking yourself, Can I sue a towing company for damaging my car? You’re not alone. The answer is you can sue the towing company for damaging your car if it is their fault. In this detailed article, you will learn when you can use a towing company, what the suing process is, what things to consider, and what safety measures to follow.

Table of contents

• What Happens if Your Car Is Damaged While Being Towed?
• Is the Towing Company Responsible for Damage?
• Can I Sue a Towing Company for Damaging My Car?
• How to Prove Towing Company Negligence
• Steps to Take After a Towing Incident
• Your Legal Rights Against Towing Companies
• Key Evidence Needed to Sue a Towing Company
• Should you invest in repairing the damaged car?
• Avoiding Common Pitfalls in Towing Damage Claims
• Steps to File a Lawsuit for Towing Damage
• How to Resolve Towing Disputes Without Court
• Conclusion
• FAQs

What Happens if Your Car Is Damaged While Being Towed?

It is the responsibility of the towing company to keep your car safe, but sometimes accidents may happen. When a towing company transports your car, it may get scratched, dented, or damaged in other ways. In such a scenario, you should know what to do and who is responsible.

When do you need help from a towing company?

Some reasons or scenarios for towing your car are:

• Parking in an illegal area
• The car gets faulty on the road and does not start.
• Need transportation for other reasons
• The car is damaged due to a heavy accident

Is a Towing Company Responsible for Damage?

The short answer is that it depends on who is responsible for the damage. Towing companies follow certain rules and are responsible for keeping your car safe. If the company does something wrong and your car gets damaged, they may be responsible for this.

In these scenarios, the question that comes to your mind is, Can I sue a towing company for damaging my car? However, if the damage occurs due to unexpected conditions like bad weather, the towing companies are not liable for damage.

Can I Sue a Towing Company for Damaging My Car?

Yes, you can sue a towing company for damaging your car, but only when it is their fault. Before suing the company, you must verify whether the towing company made a mistake or if there was some other reason.

If the reason for car damage is mishandling, fault in the towing truck, and improper towing techniques of the towing company, you can sue the towing company. On the other hand, if damage occurs due to factors that are not in the control of the towing company, you cannot sue them.

How to Prove Towing Company Negligence

To prove that the towing company is responsible for damaging your car, you need clear evidence. Here are some steps you can take to prove your claim:

1. Take clear photos of the damage

The first step is to take clear photos of the damaged car on the spot. Take clear and detailed photos that show the place, type, and extent of the damage. These photos will help you file a case against the towing company or decide whether you should take action or not.

2. Get statements from witnesses

If anyone thoroughly sees or analyzes the towing process, ask them to provide statements. These witnesses can prove the negligence of the towing company. Therefore, searching for people who saw the incident and getting video proof from CCTV cameras helps you gather proof.

3. Check towing company procedures

Inspect the procedures of the towing company to check if they follow the proper safety measures. Make sure that they follow specific guidelines to keep your car safe during the process. If they do not follow the guidelines, they will be responsible for the damage.

4. Consult an expert mechanic

Still wondering, Can I sue a towing company for damaging my car? Consider taking help from an expert mechanic. The mechanic will inspect your car to find the cause and extent of the damage. If the mechanic confirms that it is the fault of the towing company, you can sue the towing company with proof. Moreover, the mechanic will also help you find out if you can trade in a damaged car.

5. Distinguish between negligence and wear

Figure out whether the damage occurred due to negligence or existing issues in the car. Be fair, and do not blame the towing company for the old damage to your car. Moreover, you must have proof that the damage was not already available on your car.

Steps to Take After a Towing Incident

If you have figured out that the car is damaged during towing, you can sue the towing company. Here are some steps to take after a towing incident:

1. Quickly gather proof

Quickly take photos of the damaged car, document everything, note the time and place, and make a video. If you take action as soon as possible, you will easily gather the required proof.

2. Report to the insurance company

If you have purchased the lifetime guarantee car, contact your insurance company. The insurance company will help you cover the cost and take action against the towing company.

3. Seek legal advice

Not having enough knowledge about the laws makes things hard for you. So, hiring an expert legal person can help you sue the company in the best way. The legal professional will analyze the situation and determine the best course of action.

4. File a formal complaint with the towing company

If the towing company is willing to settle the issue without taking legal action, cooperate with them. It is worth it to resolve the issue through direct communication instead of going to court.

Your Legal Rights Against Towing Companies

In the US and other countries, legal rights against towing companies may vary. However, in every state, there are laws that require towing companies to handle cars safely. According to these laws, if the towing company damages your car due to negligence, they should cover the repair costs. These laws let you file a complaint against towing companies to recover the loss.

Key Evidence Needed to Sue a Towing Company

Still have a question: Can I sue a towing company for damaging my car? Yes, you can, but you need some strong evidence to win the case. Here is the list of some important evidence you will need:

• Clear photos showing the extent and location of damage.
• If anyone saw the incident, their testimony should be very helpful.
• Ask the towing company to file a report during the towing process, as it can be helpful later.
• Get an estimate from a trusted mechanic or repair shop as proof of repair costs.

Should you invest in repairing the damaged car?

If a car is damaged during the towing process or for other reasons, the decision depends on the extent of the damage. If the damage was due to negligence by the towing company, they will cover the repair costs. In comparison, if the damage is due to other factors like hailing, you will bear the loss.

When the car gets damaged due to hailing during the towing process, decide: Is it worth fixing hail damage on a car? If the damage is repairable and the cost is less than the car’s value, you can invest in repairing.

When Can I Sue a Towing Company for Damaging My Car?

You can sue the towing company only if they were not careful during the towing process. Some examples of carelessness include:

• The car fell down or got damaged due to improper handling.
• Using broken or faulty equipment for towing the car.
• Not following the safety protocols when towing and moving the car.

If the damage occurs due to other reasons like weather conditions, hailing, or some unexpected situation, the towing team will not be responsible. For instance, if the car is damaged due to snow or heavy hail, you will be responsible for fixing hail damage on your car.

Avoiding Common Pitfalls in Towing Damage Claims

When you plan to sue a towing company, there are some common mistakes that you should avoid:

1. Always take pictures, record videos, and write down notes about the incident.
2. File the case quickly because if you wait too long, you might not get the right compensation.
3. Always get the written agreement from the towing company, insurance providers, and other parties.
4. Before suing the towing company, check whether your car’s insurance policy covers the towing damage.
5. Before hiring the towing company, carefully read their terms and conditions.
6. These terms will help you know the responsibilities of the company and the steps to follow in case of damage.

Steps to File a Lawsuit for Towing Damage

If the towing company refuses to take responsibility and you have strong proof, you may file a lawsuit. Here are the steps to file a lawsuit and sue the towing company:

• Consider small claims court: If the damage is minor, first visit the small court because it is a faster and more affordable option.
• Hire the right lawyer for your case: If your car is highly damaged and the towing company is strong, hire a lawyer to sue the towing company.
• Gather evidence: Collect as much evidence as possible before filing a claim. Collect the photos, repair estimates, witness statements, and other data.

How to Resolve Towing Disputes Without Court

Do you not want to go to court and sue the towing company? Here are some ways to solve the issue without requiring a lawsuit:

• Mediation: Involve a reliable third party to help you and the towing company settle the case.
• Negotiation: Gather the proof and try negotiating with the towing company. The reputable towing company will cooperate with you and help you recover the loss.
• Insurance: If your car insurance covers the towing damage, let the insurance provider and the towing company handle the case.

These steps will help you solve the issue easily and without visiting the court.

Conclusion

Hope now you have got an answer to your question: Can I sue a towing company for damaging my car? In short, you can sue the towing company only when the damage was due to their negligence. To file a case, you must have all the visual, verbal, and written proof. The best way is to try to negotiate with the company to solve the issue without involving the court. If this is not possible, you can hire a lawyer and file a case with strong proof.