Can I sue towing company

My car was stolen and a week later recovered. The police called me right away and told me it was recovered and that there was only
damage done to the passenger door and nothing else.
When I went to see the car a day later. The front bumper was ripped off, the airbags deployed, the frame of the car bent. In the middle
of it all I just thought it was a mistake and that the damage was caused by the people who stole it.
I spoke to the investigator today and they told me that for a fact the car was perfect except for the car door.
The towing company owns the shop across the street that fixes all the cars for geico.
I am thinking they damaged it on purpose to be able to fix it and get money from the car insurance.
Can I do anything about this?

Asked on March 9, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue them for the lesser of the cost to repair your car, or if it cannot be economically repaired (repair cost greater than the then-current fair market or blue book value), it's value. If someone damages or destroys your property either negligently (unreasonably carelessly) or intentionally/deliberately, they are liable for all the damage they do. To win the suit, you'd have to prove that they did the damage--i.e. that it wasn't damaged before they got their hands on it. However, you can only sue for your own losses, so if your insurer pays you for the damage or car, you could only sue for any out-of-pocket costs or losses not covered by insurance, like your deductible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.