Towing company damaged my car

UPDATED: Sep 30, 2022

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Towing company damaged my car

Mike’s towing company badly damaged my 1 1/2 year old car. They completely damaged my rear suspension and my Mercedes dealer gavw an estimate of $14,000 for repairs I’ve sent pictures of the damage and a screen shot of the calls made to the towing company as soon soon as I picked up my car.I’m very worried. Waiting to hear from them.I would not like to use my insurance company.Should I call them to fight for me?

Asked on September 22, 2016 under Accident Law, New York


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

Answered 6 years ago | Contributor

Since the towing company was at fault, you would file a property damage claim (cost of repairs to your car) with the towing company's insurance carrier.
If the case is settled with the towing company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the towing company's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the towing company.
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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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