What to do if I was the 3rd car in a 5 car pile up and my car was destroyed by a tow truck but when I went to file a claim against their insurance they didn’t have it due to them committing fraud?

Do I have a small claims case?

Asked on July 30, 2015 under Accident Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you can file a claim for the property damage / loss of your car with your insurance company.

If you don't have uninsured motorist coverage, you can file a lawsuit for negligence against the registered owner of the tow truck (towing company).  Your lawsuit should also include a separate cause of action (claim) for fraud.

Monetary compensation (damages) for fraud includes punitive damages which are a substantial amount to punish the wrongdoing of  the defendant.

It would be advisable if you include fraud in addition to the negligence cause of action (claim) to file in a higher court than Small Claims because the amount of compensation you can receive in Small Claims Court is insufficient for punitive damages.

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