my daughter’s unattended car was struck by another driver, does that make them liable for all charges including towing?

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my daughter’s unattended car was struck by another driver, does that make them liable for all charges including towing?

My daughter was driving to work and the roads were real icy, so she pulled over
to the side of the road where she was in plain site. She walked back to the
house because it started to sleet. Meanwhile, a few hours later there was an 8
car pile up and her car was struck by 2 vehicles. When they went to grab the
car, it was being towed away. The trooper stated that since the car was struck
by the truck it was part of the accident and had to be towed. the tow yard is
charging around a 1000 to get the car out. the adjuster said the damage the
truck did was not enough for them to cover the towing. the problem is, if the
truck would of not struck our car, it would of never have to have been towed. we
only have liability so my insurance won’t even help considering the man that
struck her has the same insurance carrier. we also have a picture that one of the
troopers sent us that shows another car involved that was in the front of my
daughters car which had to of done the damage to the front of the car. for some
reason, this car is not even shown on the report. they said there were 8 cars
involved and only 7 are listed in the report. this mysterious car is nowhere on the
report but yet it’s in pictures that the trooper took and the pictures that the
truck that hit her took also. what can we do from here.

Asked on January 30, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you can show that the other driver was at-fault in striking your daughter's car (e.g., driving too fast for the conditions or driving distractedly, and that's why your daughter's car was hit), you can sue him or her for all damage and costs coming out of the accident, including towing. You have to be able to identify the at-fault driver(s) and then, if they won't pay voluntarily, sue them in court and prove their fault (such as with police officer testimony about the accident--you need the officer(s) to actually testify and cannot rely only on their written reports; you can subpoena them to show up in court, if necessary). 


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