If a towing company damaged my vehicle, am I able to make them pay for repairs?

My car was stuck in sand that had blown across the road. I left it locked abd took my keys with me with the intention of digging it out the next morning. Cops found it and called to have it towed as it was a road hazard. The officer found me to let me know they had to have it towed. He had specifically told me that the car looked ok, that he didn’t see any damage to it. It had been partially buried by sandI go the next day to pick the car up from the towing company. I paid the money to get it out, the employee hands me the receipt and sends me on my way. I roll off the lot and go home, realizing that that something is wrong with my car. The steering is way off and the car isn’t sitting right and fishtaling at 40 mph. I called the company and was told that the issues were due to a bent wheel that was caused by whoever tried helping me get out of the sand before they towed my vehicle. The problem is that no one helped me. No one touched my car until the cops had the company tow my car. The receipt I was given does have a damage waiver on the bottom of it but the employee never pointed it out nor made me sign it before allowing me to take my car back. I am still trying to get a hold of the owner and try to get them to fix the damage, while also taking it to another mechanic to have it looked at. If the company refuses to fix it, and the mechanic can prove the damage was done by the tow truck, would I be able to sue for the cost of repairs?

Asked on November 1, 2017 under Accident Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

Yes, you can sue the tow truck company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable tow truck would have exercised under the same or similar circumstances to prevent foreseeable harm.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your vehicle.


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