If a towing service damaged our truck when towing it, can we make them pay for the damages?

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If a towing service damaged our truck when towing it, can we make them pay for the damages?

Asked on December 23, 2012 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your vehicle incurred damage because of of a tow driver's improper procedures or negligence, then, "yes", you could sue the tow service for damages incurred.  Your damages will be limited to their portion of damages.  This means that if there were damages that initially made the vehicle inoperable, then you could not recover payment for those damages.  You can recover payment for any damages the direct result of the tow services's actions.  You can either file a small claims suit (depending on the total expense of your loss), but you may want to start by filing a claim with their insurance policy.  If you can get the insurance company to pay, it will save you the time and expense of a lawsuit. 


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