Can You Sue a Towing Company for Damaging Your Car?

If your vehicle is damaged due to a tow operator’s mistake, seek legal guidance right away to ensure you aren’t left footing the bill for their carelessness. 

Few things can derail your plans for the day quicker than unexpected car problems. Whether your car won’t start, you find yourself dealing with a flat tire, or you experience a mechanical issue, car problems can be a huge headache to deal with. If you can’t immediately diagnose and fix the issue yourself, your first call is likely your local towing company. After all, your car has to get to the mechanic’s shop somehow!

While unlikely, it’s possible that your day could go from “bad” to “worse” if the tow truck operator hooks up your car incorrectly. If your car isn’t secured properly, a tow as short as a few miles to the nearest tire shop could inflict catastrophic damage to your vehicle. In this article, we discuss what you can do if your car is damaged while being towed. 

What Kind of Damage Can an Improper Tow Cause?

Having your car towed incorrectly can cause problems ranging from cosmetic scuffs and scrapes to significant collision damage. If a car is not secured properly, it may bounce or sway while it’s being transported, which can lead to exterior dents or scratches. 

Depending on whether a car is front-wheel drive (FWD), all-wheel drive (AWD), or rear-wheel drive (RWD), different towing techniques may be required to prevent damage to the car’s drivetrain, transmission, and differentials. For example, an AWD vehicle should ideally be towed on a flatbed truck, so all four wheels are off the ground. Failure to tow a vehicle on a flatbed truck or with properly-used dollies can cause significant drivetrain damage.

If a car is towed with wheels on the ground and isn’t secured properly, it may swing into another lane and be struck by another vehicle. This can cause catastrophic damage capable of totaling the vehicle altogether. 

Tow operator errors are also capable of causing cracked windshields, tire and wheel damage, and damage to the vehicle’s undercarriage. Any of these issues can be extremely frustrating to deal with, especially given you’re already having problems with your car before the tow truck even shows up!

Who is Liable for the Damages to Your Car?

To determine who can be held liable for the damage to your vehicle, the first step is to determine whether the tow truck driver was negligent in how they transported your car. If the operator made an error that a reasonably skilled driver in their profession would not have made, it is likely that they can be held liable for the resulting damages.

In some cases, the damage to your vehicle may not have been caused by negligence. For example, if the tow truck transporting your car is struck by a drunk driver and your car is damaged during the wreck, the blame likely falls with the impaired driver for causing a preventable wreck. In this scenario, your car would not have been damaged if not for the actions of the drunk driver. 

What Damages Can You Recover After a Towing Mishap?

Every situation is different, so it is challenging to say with certainty what damages you could potentially recover if your car was damaged due to a tow operator’s negligence. Generally speaking, you may be liable to recover:

• Compensatory Damages: These damages compensate you for the financial loss you sustain as a result of the tow truck driver’s negligence. In this case, compensatory damages would refer to reimbursement for the cost to repair the damage to your vehicle.
• Expectation Damages: These are a specific type of compensatory damages. When a party breaches a contract, the injured party may be able to recover the cost of the service they did not receive. In this case, if you paid to have your car towed and the towing company negligently damaged your vehicle, you may be entitled to the cost of the towing service. 
• Consequential Damages: These damages cover indirect losses caused by a breach of contract. For example, if a towing company damages your work vehicle, you may be entitled to damages to cover the loss of business that results.

Steps to Follow if a Towing Company Damages Your Car

In the event your vehicle is damaged by a towing company, don’t panic. If you follow these steps, you’ll have a good chance of earning fair compensation for your inconvenience.

1. Take photos of your vehicle before it is towed: This step is absolutely critical. Before your vehicle is hooked up, take clear photos or a video of your vehicle to document any existing damage. Doing so provides you with clear evidence of any damage caused once the car is loaded up.
2. Inspect your car carefully at its destination: Thoroughly inspect your entire car for any dents, scrapes, scratches, or other damage once it arrives at its destination. If you notice any signs of damage that weren’t present when the car was in your possession, notify the towing company and your insurance agency immediately.
3. Seek legal advice: The towing company may try to deny you compensation for the damages incurred. They may claim the damages existed before the car was in their position or that they were not negligent in their treatment of your vehicle. You should seek assistance from an experienced attorney to determine whether the towing company is liable for the damage to your car.

Protect Your Vehicle From Unethical Towing Companies

We hope that you and your loved ones never have to deal with the stress and inconvenience caused by a reckless towing company. If your vehicle is damaged due to a tow operator’s mistake, seek legal guidance right away to ensure you aren’t left footing the bill for their carelessness.