What can I do if my car was towed and the towing company damaged it?

They did not take nor do the towing properly and so damage done on my front bumper. I did park in a tow away zone with signs but that does not give them permission to damage my car. My car is only a month old with 1k miles on it.

Asked on August 16, 2014 under Accident Law, California

Answers:

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

Answered 6 years ago | Contributor

You can sue the towing company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable towing company would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Your damages should also include the cost of a rental car if you need a rental car while your car is being repaired.

You will need to mitigate (minimize) damages by having your car repaired at a place whose charges are comparable to other repair shops in the area.  If you were to select the most expensive repair shop you could find, you have failed to mitigate damages and your damages will be reduced accordingly. 

You also must mitigate damages regarding the cost of the rental car by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.

Depending on the amount of damages you are claiming, you may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs such as the court filing fee and process server fee.


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