What is an insurer’s liability for damage caused by a tow truck company that it provided?

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What is an insurer’s liability for damage caused by a tow truck company that it provided?

We got the tow company through our insurer’s road side assistance policy.  Tow company connected cables to jump start incorrectly and blew relays causing over $800 damage and will not accept liability nor will the iinsurance company. Repair shop confirmed tow company error. my insurer said to sue tow company. We contracted with the insurance company not tow company. We cannot that we cannot legally sue the insurance company for breach of contract?

Asked on May 25, 2011 under Insurance Law, Tennessee

Answers:

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

Answered 10 years ago | Contributor

Someone needs to read the roadside assistance policy on your behalf and with a fine tooth comb.  They need to see if there are any disclaimers written in about the towers but regardless of it all I think that you have to sue both the insurance company and the tow company.  The insurance company for yes, breach of contract and possibly negligence (if they in any way certify these tow people; do they get a kick back?) but maybe for a declaration of coverage for the loss as well.  It really depends on how the policy is written and the state law.  The tow company is really a negligence claim only.  Get help.  Good luck.  


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