There are many cases when you may need a towing service. But what if your towed car got damaged?

 

Wondering whether you can sue the towing company and how much can you
claim? Read through to get all your doubts and concerns cleared about suing a towing company.

When a car is towed, it is the company’s responsibility to handle your car with care. However, if the towing company has failed to take care of your car, caused damage, or meddled with the belongings in the car, you may file a negligence suit.

Before we get to the details of recovering for damages, here are the factors that you need to prove or some common damages to the vehicle that makes you eligible for filing a case:

– Broken or chipped windshields.
– Damage to bumpers.
– Damage to tires.
– Scratches, dings, and dents.
– Theft of property inside your vehicle.
– Damage to property inside your vehicle.

If you can establish any four types of damage, you can sue the towing company for negligence.

Points to consider before suing.

Now that you can file a case, here are some pointers that you need to consider before filing a case:

1. Inform your vehicle insurance company. Sometimes the insurance company can recover the damage cost without any cost.

2. Reach out to the towing company. Sometimes, the towing company would be open to setting things right without legal proceedings.

3. Have an attorney by your side, as he/she may make the process easy.

 

The kind of damages that you can recover

1. The first kind of claim is when your claim is based on improper towing or illegal towing. In this case, you can recover the fees for towing and storage charges.

2. You can claim the repair charges if you realize your car is damaged. In this case, getting the tentative estimation of the repair charges is always suggested.

3. After recovering your car from the towing company, if you realize that your belonging or property in the car is lost or damaged, you can claim the cost of the same.

4. In some rare cases, you can also sue a towing company not for the damage or illegal towing but just for the act of wrongdoing. However, this claim differs from case to case.

 

How to sue a towing company?

The total value of the claim will define whether you should present your case at a small claims court or a civil trial court.

Though small claims court allows you to file low-claim cases in most states, you would need an attorney.

However, be prepared that the claim amount would be significantly less. Therefore, it is better to file a claim in civil court.
When filing in civil court, you need an attorney to ensure a smooth trial flow.