What is the correct procedure if my car was damaged while being towed?

UPDATED: Jan 1, 2015

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What is the correct procedure if my car was damaged while being towed?

I have been making payments on a car from a buy-here-pay-here used car dealer. A couple of weeks ago, they towed my car to their garage for repairs. When they towed it however, they damaged the underside of the car and then filed a claim with my auto insurance for the damage. Is that legal?

Asked on January 1, 2015 under Accident Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your area may have local laws on damage to a vehicle while being towed and you should try and speak with a lawyer in your area.  I am surprised that your insurer took the claim.  The party making the claim does not have the ability to do so as far as I can see.  You can try and make the claim - subject to local law and your insurance coverage - and then they can subrogate against the towing company.  If it is the garage owned towing company then they would sue them.  Good luck.

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