If my car was damaged while being towed and I would like the road service to pay damages, do I have any legal recourse?

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If my car was damaged while being towed and I would like the road service to pay damages, do I have any legal recourse?

Asked on August 26, 2015 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't have to agree to his offer of partial payment or doing the repair himself you could sue him for the full cost of your repairs and, if you win in court i.e. prove that he caused the damage, either intentionally or through negligence, or carelessness, you could recover all your repair costs as well as other out-of-pocket costs attributable to the damage, such as if you had to rent a car while your is being repaired. Depending on the amount at stake, a good option can be suing in small claims court, acting as your own attorney "pro se". Sometimes it is worthwhile taking a settlement offer for less than the full amount, to avoid the time, cost, and uncertainty of a lawsuit you never can be sure what will happen, and even good cases sometimes lose, but it is your choice whether to accept the offer--as stated, you do have the right to sue.


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