Did a towing company damage your car, lose your belongings, or take the vehicle without a valid reason? You shouldn’t have to accept the loss or pay for someone else’s mistake. You could have grounds for a property damage claim, and a knowledgeable attorney can help you fight for the recovery you deserve.
Your Rights When a Towing Company Damages Your Car
You have the right to expect towing companies to treat your car with care while it’s in their possession. If a tow company damages your car, you can hold them responsible for the damage. This includes damage that happens while they’re moving your car or storing it in their lot. You also have the right to demand compensation if anything goes missing from inside your car while the tow company has it.
Towing companies must follow the law and act carefully when handling your property. This duty of care usually comes from bailment law, which applies when someone takes possession of your property for safekeeping. Each state has its own rules, but most allow you to take action if you suffer losses because another party in possession of your property acts carelessly or breaks the law.
In some cases, you can settle damage claims by dealing directly with the company. If that doesn’t work, you might choose to file a claim in small claims court with the help of a lawyer.
Potential Claims Against a Towing Company
You might have several legal claims if a towing company damages your car or takes it unlawfully. One common claim is negligence. Suppose the company doesn’t use reasonable care and causes damage while in possession of your vehicle; you could demand compensation for repairs. This could include repairs to the windshield, bumper, tires, or anything else that sustained damage during the tow or storage period.
You could also have a claim for breach of bailment. This happens when you give someone control over your property, and they fail to take care of it. If a towing company tows and stores your car, they take on responsibility for it. If your car gets broken into or sustains damage, the towing company could be liable.
No matter what type of claim you might have, an experienced attorney can help you determine the best way to move forward based on the facts of your case.
Damages You Could Recover from a Towing Company
The term “damages” refers to the money you can get from a legal claim if someone else harms you or your property. In cases involving vehicle damage caused by a towing company, any damages you collect would aim to make up for what you lost or repair anything that got broken. You could receive damages if the tow company damaged your car, took it without a legal reason, or lost your belongings.
If your car was towed illegally, you could recover money for towing and storage fees. If your car was damaged during towing or storage, you could demand compensation for the cost of repairs. If personal items were stolen from your car or damaged while it was in the towing company’s possession, you could recover money for the cost of replacing or fixing those items.
Steps to Take After Discovering Damage
If you think a towing company damaged your car, took it without proper authority, or lost something from inside, you should act quickly. The steps you take early on can affect how your claim turns out. Here’s what you should do:
- Take pictures of the damage. Photograph your car from every angle, especially any spots that show dents, scratches, or other damage caused by the tow.
- Make a list of missing items. Write down anything that was in the car before the tow and now isn’t, such as clothes, electronics, or tools.
- Call the towing company. Reach out directly and ask what happened. You might be able to get answers or even settle the matter without filing a claim.
- Save your receipts and records. Keep copies of towing invoices, storage fees, repair estimates, or anything else that shows what you paid or lost.
- File a police report if needed. If your car was towed without notice or items went missing, contact your local police and ask whether you should file a report.
- Notify your insurance provider. Let your car insurance company know what happened. Depending on your policy, they might pay for part or all of your losses.
- Talk to a lawyer. If you don’t get anywhere with the company or your losses are substantial, an attorney can help you explore your legal options.
How to Sue a Towing Company for Car Damage
If a towing company damages your car, an attorney can explain your rights and help you decide whether suing the company is the right move. A lawsuit might not make sense if the towing company offers to cover the damage or if the cost of going to court would be greater than what you might recover.
Towing claims often involve bailment laws and other complex legal rules that vary by state. A lawyer can look at the facts and tell you which laws apply to your situation. If you choose to move forward, they can help you gather strong evidence. This might include photos of vehicle damage, receipts, repair estimates, and records of missing property. Your lawyer can also draft a demand letter or help you file a lawsuit.
If your case qualifies for small claims court, your attorney can walk you through the claims process and handle all of the legal preparation on your behalf. If your case involves a larger claim or more serious damage, your attorney can file your case in regular court and represent you throughout the proceedings.
Call Ted A. Greve & Associates Today
If a towing company lost your possessions, damaged your car, or took it without permission, contact Ted A. Greve & Associates today. You can speak with someone from our team, ask questions, and learn what steps you can take next. Your first consultation is free, and you’ll get clear advice based on your situation.
Image via fr0ggy5 used with Unsplash License
