What to do if I was the 3rd car in a 5 car pile up and my car was destroyed by a tow truck but when I went to file a claim against their insurance they didn’t have it due to them committing fraud?
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What to do if I was the 3rd car in a 5 car pile up and my car was destroyed by a tow truck but when I went to file a claim against their insurance they didn’t have it due to them committing fraud?
Do I have a small claims case?
Asked on July 30, 2015 under Accident Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have uninsured motorist coverage on your auto insurance policy, you can file a claim for the property damage / loss of your car with your insurance company.
If you don't have uninsured motorist coverage, you can file a lawsuit for negligence against the registered owner of the tow truck (towing company). Your lawsuit should also include a separate cause of action (claim) for fraud.
Monetary compensation (damages) for fraud includes punitive damages which are a substantial amount to punish the wrongdoing of the defendant.
It would be advisable if you include fraud in addition to the negligence cause of action (claim) to file in a higher court than Small Claims because the amount of compensation you can receive in Small Claims Court is insufficient for punitive damages.
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