Damage from inproper tow

My car got towed from a street i
shouldn’t have parked there I paid the
lot fee to take out the car but when I
picked it up the car no longer worked
it seems they broke the transmission
from towing it improperly I tried
contacting the tow company to see if
they could give me their insurance and
they refused what legal action can I
take

Asked on September 27, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The police are not liable--they did not tow. And if you only had liability coverage, your own insurance is not liable--you did not purchase the necessary insurance to cover this situation. But you can sue the towing company for the cost to repair (you don't need to them to voluntarily give you their insurance information; you can sue them without their cooperation) for having negligently, or unreasonably carelessly, damaged your car while they were moving it. Anyone who negligently damages another's property is liable, or financially responsible, for the cost. If the cost to repair/replace the transmission is less than or equal to the limit for small claims court, suing in small claims "pro se" (as your own attorney) to save on legal fees is an excellent option.


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