Car Damaged While Being Towed

Needing to have your car towed is bad enough, but the situation becomes even more frustrating and complicated when it is damaged while being towed. This happens for different reasons, and in some cases, you may have legal recourse for the property damage.

What Causes Car Damage During Towing?

Car damage can occur for several reasons while a vehicle is being towed.

• The vehicle is not secured correctly.
• The towing vehicle is not in good repair or lacks proper braking and steering capabilities.
• Potholes, debris, and adverse weather conditions create hazards that result in damage.
• The tow truck is involved in an accident.

Those problems can result in the vehicle moving or shifting inappropriately during transport.

Who Is Liable for Damage to a Car While Being Towed?

The towing company and tow truck driver are often the first parties considered responsible, especially if improper techniques, inadequate equipment, or negligence contributed to the damage. The owner of the towing vehicle may also be liable if their vehicle was in disrepair or lacked proper equipment. Third parties, such as other negligent drivers, can also affect liability in these situations.

What Steps Should Be Taken After Damage Occurs?

If your vehicle sustains damage while being towed, document the situation thoroughly. Take photographs of the damage, the towing vehicle, and relevant surroundings such as stop signs and weather conditions. This documentation can be helpful later for insurance claims or legal actions.

Next, get contact and insurance information for the towing company and any individuals involved in the towing process. If there were witnesses to the incident, collect their contact information as well, as their statements could prove valuable.

Once the accident information has been documented, contact your insurance company, report the incident, and provide them with the necessary details. Your provider can guide you through the claims process.

How Can Insurance Help in These Situations?

Before filing a claim, review the policy details and understand what types of damage are covered. Depending on the circumstances, comprehensive and collision coverage may cover the costs associated with repairs.

Things might not go as expected after you file the claim, though. The tow truck driver or company might challenge it, which could lead to a compensation delay or denial. Or, the settlement offered by the insurer might not be enough to cover your losses. Your insurer may have a claim appeal process; if you choose that route, follow the instructions carefully.

If there are further disputes regarding liability or coverage, an attorney experienced in car accident cases can offer legal advice. They can assist with negotiating with the insurance company and pursuing fair compensation for your losses.

What if Legal Action Is Necessary?

In cases where liability is disputed or the damages are substantial, you can explore your legal options with a car accident lawyer. With your approval, they might decide to send a demand letter to the liable parties. That letter outlines the damages incurred and requests compensation.

The case may proceed to court if you and the insurance company cannot agree on a settlement. Litigation can be time-consuming and complicated, so we recommend working with a knowledgeable car accident attorney. They can help gather evidence, build a convincing case, and advocate on your behalf.

The Skilled Atlantic City Car Accident Lawyers at D’Amato Law Firm Can Fight to Protect Your Rights

If your vehicle sustained damage while being towed, the dedicated Atlantic City car accident lawyers at D’Amato Law Firm in Egg Harbor Township, New Jersey can guide you toward the best course of action. For a free consultation, call us at 609-926-3300 or contact us online. We proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.