If I had my car towed and the hood was lost while in tow, who’s responsible to have the car repaired?

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If I had my car towed and the hood was lost while in tow, who’s responsible to have the car repaired?

Asked on January 26, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on how, if anyone, was at fault. If the hood was lost because the tow company did something wrong--e.g. drove too fast with your car in tow, didn't attach the tow properly, etc.--they would be liable, and you could sue them if they do not pay voluntarily.

If they were not at fault--did not do anything wrong, and the hood came up/off for some reason unconnected to the tow--they would not be liable. If the hood was lost due to someone else's error, that person could potentially be liable.


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