Who is responsible if your car is in a ditch and as a tow truck is pulling it out, the rear bumper of the car is damaged by a tree that was behind the car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is responsible if your car is in a ditch and as a tow truck is pulling it out, the rear bumper of the car is damaged by a tree that was behind the car?
Asked on June 20, 2014 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the tow truck operator was careless (negligent) in how he hitched the car or did the tow, and that negligence led to the damage, the tow truck driver and his employer, the towing company, would be liable. But if they were not careless, and the bumper came off due to damage from going into the ditch, from prior damage, or because the car was situated in such a way that there was no way to free it without losing the bumper, then the car's owner would have to bear the cost of repair/replacment (or his insurance, if applicable, would), unless there is some other at-fault party he can seek compensation from (e.g. if someone had driven him off the road and into the ditch by driving carelessly, he could look to that person for compensatation).
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 AttorneyPages.com 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.