Can I sue a towing company for damaging my car?
Car Accident - October 5, 2023
Towing companies can save the day when your car breaks down on the side of the road. However, your sigh of relief may quickly become stress, worry, and anxiety as you see your car being damaged by the tow truck. This usually happens because the tow truck driver is inexperienced, careless, lacks the proper training, or fails to pay attention.
If your car suffers damage due to a tow truck driver’s negligence, you may think, “Can I sue a towing company for damaging my car?” A Chicago car accident lawyer will help answer this question and assist you through the legal process to obtain the desired results.
How do tow trucks damage cars?
Unfortunately, it is common for Chicago residents to claim that a tow company damaged their car. However, regardless of how common it is, proving that the company is responsible can become challenging. Some of the ways that a tow company can damage your car include:
- Using the incorrect equipment to tow
- Failing to maintain their equipment
- Using defective equipment
- Driving recklessly
- Making improper turns or lane changes
- Causing an accident while towing the car
- Underestimating the weight and size of the car
Insufficient experience is the greatest cause of damage
Towing companies are expected to be professional, experienced, and knowledgeable. Therefore, towing should not damage your car. However, if a towing truck company hires an employee who lacks the proper experience, training, professionalism, or care, towing can cause damage to your car. Some of the damage you should watch for are scratches, dents, alignment problems, damage to the bumper, tire issues, windshield damage, and more.
If you believe your car suffered damage due to towing, you should take photos and videos. In addition, if anyone was nearby while your car was being towed, you may be able to use them as eyewitnesses to provide a statement about what they saw. The more evidence you have, the more likely you will be able to secure the compensation you deserve for the negligent actions of the towing company.
How do you prove that the towing company damaged my car?
If it is determined that the tow truck company’s employee damaged your car, they should be held accountable for their negligent behavior. You will need to prove negligence to hold them responsible for their actions.
You can work with an experienced and skilled Chicago car accident attorney to successfully prove the towing company’s negligent behavior by establishing the following four elements.
The towing company had a duty and expectation to hold up to ensure that your vehicle safely made it to its destination with no damage.
The towing company breached this duty by causing damage to your vehicle.
While there may have already been damage to the car from an accident or collision, you must be able to prove that the towing company directly caused additional damage to your car.
Due to the towing company’s negligent behavior, you must now pay for mechanic or repair fees.
What happens if your car is damaged while being towed?
There are a few different scenarios that can happen if your car is damaged while being towed. The first and best scenario is that the tow truck company will admit and take ownership of their mistakes and pay you for the damage. This will make things easy for you and your mechanic, who will assess the damage and charge the tow truck company a reasonable fee.
Company takes some responsibility
Another scenario is that the tow truck company could admit to some damage they caused. This can cause you to become annoyed as you know that your car suffered more damage than the company is admitting. If this happens, you should speak with a professional car accident attorney at your earliest convenience to determine whether or not you should accept the company’s partial offer.
Company refuses liability
The last scenario, which is the worst-case scenario that could happen, is that the tow company refuses to take any responsibility for the damage they caused to your car. If this is the case for you, it is highly recommended that you discuss filing a lawsuit against the company with a lawyer. They will do everything they can to help you recover the money that you are owed for the damages.
Sometimes, insurance policies will take care of the errors the tow company made. Therefore, it is a good idea to also contact them to see if your policy will cover any of the damage your car suffered from the tow truck.
Call a car accident lawyer today
Horwitz, Horwitz & Associates is a Chicago law firm ready and available to assist you with your issues with a tow truck company. Call our office at (800) 985-1819 or complete our contact form to schedule your free consultation today.