What to do if my car was damaged by a tow truck company and nowit will not pay for the damage?

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What to do if my car was damaged by a tow truck company and nowit will not pay for the damage?

Asked on November 30, 2011 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If they damaged your car either deliberately or negligently (i.e. through being careless), you can sue them for compensation, such as for the cost of repair. You might wish to consider suing in small claims court and acting as your own attorney, to reduce costs. (Also, cases tend to resolve faster in small claims court.) You'd need to be able to prove (including by testimony of credible witnesses) that they caused the damage.

The only major limitation on your ability to sue for this would be if you signed any work order, agreement, etc. which contained some limitation on their liability--double check any paperwork you signed in relation to the towing.


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