What should I do if I had my car towed to a mechanic a few days ago but it was damaged in the process?

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What should I do if I had my car towed to a mechanic a few days ago but it was damaged in the process?

Both the mechanic and guy who transported the car argue that the car was already like that. The vehicle isn’t insured because it hadn’t been driven in a couple or years. The car is still sitting at the mechanic’s shop until I can figure out the best thing to do. Should I first file a police report and get a quote from a body shop before moving the car?

Asked on January 30, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Definitely file a police report--someone else, you believe, damaged your car and you should report that damage and document it. There is no legal reason to get the quote from body shop first, then move the car, or vice versa, so you can do what makes more sense--BUT before anyone does anything else to the car (including moving it), take photographs from all angles, preferably with a digital camera that will date stamp them, to document the shape/condition; also have some family or friends view the car with you, so you'll have more witnesses to its current condition. (If you have it moved again, you don't want the mechanic or previous transporter to be able to argue that any damage was done on the second move.)


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