When a towing company is called to transport a vehicle, the expectation is that it will be handled with care. However, accidents can happen, and vehicles sometimes sustain damage during towing. Whether the damage occurs during loading, transport, or unloading, vehicle owners may have legal options to pursue compensation.
Who Is Responsible for Damage Caused by a Towing Company?
Tow trucks can damage vehicles in several ways, especially if the towing process is not handled properly. Common causes of damage include:
- Scratches and Dents: Straps, chains, or hooks can scrape against the car’s body.
- Suspension and Alignment Issues: Incorrect lifting can strain the suspension system.
- Underbody Damage: Dragging or improper placement on the truck can harm the exhaust or frame.
- Transmission Problems: Towing an automatic vehicle with drive wheels on the ground can cause internal damage.
- Tire and Wheel Damage: Improper securing can lead to bent rims or flat spots.
What Steps Should Be Taken After Noticing Damage?
We recommend taking photos of the vehicle’s condition before the towing company arrives; that can serve as valuable evidence. If damage is discovered after towing, it is also best to take clear photographs of the affected areas. Requesting a written statement from witnesses, if available, may also help establish what happened. You will also want to contact the towing company to report the damage and request a copy of their incident report. If the company refuses to provide an incident report or take responsibility, legal action may be necessary.
Can a Claim Be Filed Against the Towing Company’s Insurance?
Towing companies are required to carry insurance that may cover damage caused during transport. If a claim is filed, the insurance provider will likely conduct an investigation to determine liability. Your evidence, including any photographs, receipts for repairs, and any correspondence with the towing company, may strengthen the claim.
Some towing companies may deny responsibility for vehicle damage, arguing that it existed before transport or was unavoidable. In those cases, a professional assessment of the damage can be helpful in establishing the cause. Reviewing the towing receipt and any agreements signed before the service was performed is also important. That information can clarify the terms and conditions of the transaction, as well as potential liability.
What Rights Do Vehicle Owners Have When Using a Towing Service?
Vehicle owners have the right to expect that their car will be handled properly and returned in the same condition. If damage occurs due to improper towing methods, failure to follow safety procedures, use of faulty equipment, lack of proper training, or other negligent actions, the towing company may be held accountable for repairs.
Can a Lawsuit Be Filed Against a Towing Company?
If a towing company refuses to accept liability or the insurance company does not provide adequate compensation, a lawsuit may be an option. Legal claims may be based on negligence, breach of contract, or violation of consumer protection laws. A court may award compensation for repairs, diminished vehicle value, and other losses resulting from the damage.
Towing company insurance providers have legal defense teams who might delay or deny claims; they might make lowball offers that do not cover your damages. Our Media legal team understands the specific laws that apply to these cases; we can assess the situation and determine your best course of action.
Media Car Accident Lawyers at Eckell Sparks Establish Liability When Towing Companies Damage Vehicles
When a towing company damages your vehicle and refuses to take responsibility, you may have the right to pursue compensation. The Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can evaluate your case and discuss the available legal options. For an initial consultation, call our Media and West Chester, Pennsylvania, offices at 610-565-3701 or submit our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.