If my vehicle was towed and damages, shouldn’t the towing company bear the responsibility for it?

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If my vehicle was towed and damages, shouldn’t the towing company bear the responsibility for it?

The towing company caused damage to the vehicle. Their receipt says that they are not responsible for damage of the vehicles. If the company clearly damaged the car, how are they not responsible? How do I proceed and what are my chances of winning this? I have the receipt for everything. And there was still time left on the meter when it was towed.

Asked on July 13, 2015 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable towing company would have exercised under the same or similar circumstances to prevent foreseeable harm).

File a property damage claim with the towing company's insurance carrier for the cost of repairs to your car.

If the case is not settled with the towing company's insurance carrier, file a lawsuit for negligence against the towing company for the cost of repairs to your car.

It is not possible to predict an outcome in any case, but you do have a valid case against the towing company for negligence.  I don't see how their disclaimer can absolve them of liability.


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