What to do if my car was parked on the street and a tow truck driver lost control of the car he was towing, totaled my car and than left the scene?

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What to do if my car was parked on the street and a tow truck driver lost control of the car he was towing, totaled my car and than left the scene?

Asked on January 31, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you know or can identify the towing company, you could sue it and the driver both for your damages--i.e. for the then-current value of your totaled car, plus possibly other out of pocket costs, like the cost to have the wreck removed, renting a replacement car until you can buy a new one, etc. When someone negligently, or unreasonably carelessly (like losing control of a towed car), damages your property, they are potentially liable for its cost; when the damage occured in the course of that person's emloyment, their employer could be liable, too.

Note that you may only sue for your unreimbursed portion of costs/damages, if you have had some of the cost covered by insurance.


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