If a tow truck company damaged my car, how do I get reimbursed?

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If a tow truck company damaged my car, how do I get reimbursed?

This in regards to my auto insurance company. I had a flat tire. They dispatched a tow company, which towed my front wheel drive vehicle backwards and ruined my transmission. They paid to have my vehicle’s transmission refurbished but not before doing an independent evaluation stating that they were at fault. The total time to receive my vehicle back was a month, in which I incurred almost a $1000 in rental fees that they will not pay for as I did not have rental insurance at the time. They said I would be reimbursed, but they say now the case is closed and they will not pay. Can they do this?

Asked on August 19, 2015 under Insurance Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can say anything they like, but that doesn't make it legally true. The at-fault person in a case is not able to unilaterally on their own say when a matter or case is closed. If they were negligent or careless in damaging your car, as appears to have been the case, then they would be liable, or financially responsible, for any of your costs or losses reasonably or logically flowing from their actions. Therefore, they may well be liable for your rental expenses. If they will not pay voluntarily, however, you'd have to sue them to get the money and in court, prove that they were at fault and that your costs were logical and reasonable. A good option for around $1,000 is to sue in small claims court, acting as your own attorney "pro se" to save on legal fees.


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