Towing company damaged my car

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Towing company damaged my car

Mike’s towing company badly damaged my 1 1/2 year old car. They completely damaged my rear suspension and my Mercedes dealer gavw an estimate of $14,000 for repairs I’ve sent pictures of the damage and a screen shot of the calls made to the towing company as soon soon as I picked up my car.I’m very worried. Waiting to hear from them.I would not like to use my insurance company.Should I call them to fight for me?

Asked on September 22, 2016 under Accident Law, New York

Answers:

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

Answered 7 years ago | Contributor

Since the towing company was at fault, you would file a property damage claim (cost of repairs to your car) with the towing company's insurance carrier.
If the case is settled with the towing company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the towing company's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the towing company.
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).


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