What are my options to get a towing company to pay for the repair to my car if they damaged it during towing?

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What are my options to get a towing company to pay for the repair to my car if they damaged it during towing?

Car was towed by 2 different companies. The second company broke my shifting gear housing unit or something like that. There is an investigation currently in place trying to get the company to pay for the under $1000 part. I have not had a vehicle in 10 days and am a single mother of 2 with no family to help with doctor appointments, trips to the grocery store, etc. I was told today that I would have an answer as to them paying for the part but when called they said tomorrow. My dealership knows that I didn’t break it because it is something done only by a tow truck if not done properly and the dealership didn’t do it. If they don’t help pay for the part what are my other options?

Asked on June 26, 2014 under Accident Law, Connecticut

Answers:

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

Answered 6 years ago | Contributor

You should contact the towing company's insurance carrier.  If the insurance carrier refuses to pay for the cost of repairs to your car and to pay for a rental car while your car is being repaired, you should 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 for negligence against the towing company) would be the cost of repairs to your car and the cost of a rental car while your car is being repaired.  You will need to mitigate (minimize) damages 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.

 


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