Tow trucks are a lifesaver if you are stuck on the side of the road after a breakdown or accident. Once the tow truck takes your car to the shop, you’re one step closer to fixing the damage. However, most drivers don’t think to ask: what happens if a tow truck damages my car?
Most tow truck companies do a good job and will treat your vehicle with care and professionalism. Unfortunately, though, every industry has its negligent actors. If a tow truck company damages your car, you need to know what options are available to hold them accountable.
What Do I Do If a Tow Truck Damages My Car?
Tow truck companies can damage your car through negligent actions or carelessness. For example, the tow truck driver might incorrectly attach your car to the towing cable or get in an accident while transporting your vehicle. Common examples of tow truck damage can include:
- Bumper damage
- Transmission damage
- Cracked windshield
- Flat tires
- Steering alignment issues
- Body damage (e.g., scratches, dings, dents, etc.)
If your car has damage because of a towing company, the first thing you should do is document the damage. Take photos of the affected area from multiple angles and get records of all your correspondence with the towing company. You want as much evidence that the company damaged your car if you are going to make a claim. You should also get a written repair estimate from the autobody shop to know the total amount of damage you are dealing with.
Should I File a Claim for Compensation?
If a tow truck company damages your car, you have two main paths of action: talking to the towing company or working with your insurer.
Talk to the Towing Company
First, you can go directly to the towing company and get them to pay for the damage. Tow truck companies carry liability insurance specifically to protect them if a third-party vehicle in their possession sustains damage while they are towing or storing it.
Present the company with documentation of the damage and repair costs. Towing companies are professionals providing a service, so they are responsible for the damage they cause due to negligence. Once you notify them, they will open a claim with their insurance company, who will investigate.
Go Through Your Insurance
The second option is filing a claim with your own insurance company. If you have comprehensive coverage, it should cover any body or interior damage that the tow truck company costs. Contact your insurance company to open a claim, and your adjuster should give you the next steps to follow.
When you file a claim through your insurance company, you’ll have to provide documentation of the damage along with the repair costs. Most of the time, you’ll need to pay a deductible before your insurance kicks in and covers the damage. Once your insurance company agrees to your claim, they should pay the auto body repair shop directly.
Just because you are going through your own insurance company doesn’t necessarily mean making a claim will be easy. You should still consult with an auto accident attorney so they can negotiate with the company on your behalf to avoid any disputes.
What If the Towing Company Denies Responsibility?
Unfortunately, many companies avoid taking responsibility for their negligence. If the towing company is unresponsive to your demands, you can file a lawsuit. A personal injury attorney can help you take the necessary steps to initiate a lawsuit against the towing company or individual driver. This is why it’s so important to keep copies of all previous correspondence with the tow company.
Typically, lawsuits include an option for mediation and arbitration instead of litigation. During mediation, the two parties attempt to come to a mutual agreement. In arbitration, the court appoints a third party to reach a fair settlement between the two parties.
If you receive an offer from the tow truck company’s insurer or your insurance company but are unsatisfied, you can try to negotiate a higher settlement. Insurance companies have an obligation to deal with claims in good faith and provide a timely response. If an insurance company is not fulfilling its duty, you can consider filing a complaint with the North Carolina Department of Insurance.
What Else Should I Consider When Choosing a Towing Company?
The best way to avoid the risk of a tow company damaging your car is to pick a reputable company with a positive track record. Below are some tips to help you choose a reliable tow truck company and avoid a tow truck driver accident:
- Ask for proof of liability insurance and any tow-truck-specific insurance, such as on-hook and garage keeper insurance.
- Look for towing companies that have been in business for at least five years. Longer-standing businesses are more likely to be reliable.
- Check online reviews on aggregate sites like Google, and look up the business on the Better Business Bureau (BBB).
- Never agree to anything until you get a written estimate of the costs. You can use this written estimate if the company later disputes payment.
- Consider asking family or friends for recommendations. If they drive, it’s likely they have had to deal with a towing company before.
- Keep documentation of all transactions with the towing company, including signed agreements and invoices.
How Can an Accident Attorney Help Me?
Insurance companies are notorious for being difficult to deal with. When they make payouts, they lose money, so they have a vested interest in making sure you get the bare minimum. A car accident attorney can help North Carolina drivers understand their rights and negotiate with insurance companies on their behalf. A car accident attorney can help analyze the evidence and argue that the towing company is responsible for the damage. If the company does not accept responsibility, your attorney can help you initiate a lawsuit to recover financial compensation.
If you need help with any tow truck damage claims, contact Hardison & Cochran online or call today at (800) 434-8399 to get started with a free consultation.
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