Getting your car towed can be an inconvenient and frustrating experience. It’s even more frustrating when, on top of the inconvenience, you find that your car has been damaged during the towing process. If you’ve been in this situation, you might wonder: Can I sue a towing company for damaging my car?
The short answer is yes, you can sue for damages caused by a towing company, but the process and what you can claim depends on several factors. This article will guide you through the steps you need to take if you find yourself in this unfortunate situation.
Why Towing Companies Are Important?
Before we dive into how to sue a towing company, let’s first understand why these companies exist and what they do. Towing companies provide a valuable service by removing vehicles that are illegally parked, involved in accidents, or broken down. Without them, public and private property would be cluttered with abandoned or improperly parked cars, causing inconvenience for everyone.
However, while towing companies provide important services, sometimes mistakes happen. Towing companies are expected to take great care when handling your vehicle. If they fail to do so and cause damage to your car, you may have grounds for a lawsuit.
When Can a Towing Company Tow Your Car?
Towing companies are legally allowed to tow your car in specific situations. These laws can vary depending on where you live, but common situations where your car might be towed include:
- Parking in a private parking lot without permission: For example, parking in a business lot without being a customer.
- Parking in restricted areas: Such as fire lanes or other areas marked as “tow-away zones.”
- Parking in front of someone’s driveway: Blocking access to private property.
- Illegally parking on public property: For example, parking in metered spaces without paying or in areas where parking is prohibited.
If you’ve been towed for any of these reasons, the towing company may have done so legally. However, even if the towing was legal, that doesn’t mean the company is free from responsibility if they damage your car during the towing process.
When Can You Sue a Towing Company for Damaging Your Car?
If your car has been damaged during towing, you might wonder whether you have the right to take legal action. In most cases, the answer is yes, but there are a few things you need to understand before deciding to sue.
Towing Company’s Duty of Care
When a towing company takes possession of your vehicle, they have a legal duty to care for it. This means they must use reasonable care when towing and storing your car. If they fail to do this and damage your vehicle, they may be held liable for that damage.
For example, if the towing company uses improper equipment or fails to secure your car properly, causing it to get scratched, dented, or even damaged beyond repair, they could be at fault. Similarly, if your car is damaged while being transported to the storage lot, the towing company is responsible for ensuring that it arrives in the same condition it was in when it was picked up.
Negligence on the Part of the Towing Company
If the towing company was negligent in its actions, you may have a solid case. Negligence is when a company or individual fails to act in a way that a reasonable person would, leading to harm or damage.
To prove negligence in a case involving a towing company, you will need to show the following:
- Duty: The towing company had a duty to take care of your car.
- Breach: The towing company failed to fulfill that duty. This might mean they used improper towing methods or equipment that caused damage.
- Causation: The towing company’s actions directly caused the damage to your car.
- Damages: You need to show the damages that were caused by the towing company’s negligence, such as the cost to repair your car.
Breach of Bailment
Another way to sue a towing company is for breach of bailment. Bailment refers to the legal relationship in which you temporarily transfer the possession of your car (or any other property) to another party for safekeeping. In this case, the towing company becomes the “bailee” and is responsible for taking care of your vehicle.
If the towing company does not take proper care of your car and it is damaged, you can sue for breach of bailment. You would need to prove that the towing company failed in their duty to care for your vehicle while it was in their possession.
Steps to Take After Discovering Your Car Is Damaged
If you find that your car has been damaged after being towed, there are steps you should take to ensure you have all the necessary evidence for a potential lawsuit. Here’s what to do:
Document the Damage
The first thing you should do is document the damage to your car. Take clear photos and videos of any scratches, dents, or other visible damages. This evidence will be crucial if you need to prove that the towing company caused the damage.
- Photographs: Take close-up shots of any damage, as well as wide-angle shots to show the overall condition of your car.
- Video: If possible, record a video that shows the damage and the context (e.g., where your car was towed from).
- Time and Date: Note the time and date when you discovered the damage. If possible, take a photo of your car in the same location it was towed from.
File a Police Report
If you believe the towing company acted inappropriately or damaged your vehicle, it’s a good idea to file a police report. The police can document the incident and create an official record of what happened. This can help speed up insurance claims and provide additional evidence if you decide to take legal action.
Contact Your Insurance Company
It’s also a good idea to contact your insurance company as soon as possible. They may be able to cover the costs of the damage to your car, depending on your policy. Some insurance policies cover towing-related damages, so it’s worth checking with them to see if you are covered.
Beach Out to the Towing Company
You should contact the towing company directly to inform them of the damage. Be polite but firm, and let them know that you believe their actions caused the damage. Keep a record of all communications with the company, as this can be helpful if you need to pursue legal action later.
If you can, try to resolve the issue without going to court. Many towing companies will settle disputes out of court, especially if the damage is significant and clear.
What Damages Can You Recover?
If you decide to sue a towing company, there are two main types of damages you might be able to recover:
Compensatory Damages
Compensatory damages are meant to compensate you for the losses you have suffered as a result of the towing company’s actions. This can include:
- Repair Costs: If your car was damaged, you can claim the cost of repairs. Be sure to get repair estimates from multiple mechanics and take photos of the damage.
- Towing and Storage Fees: If the towing was illegal or improper, you may be able to recover the fees you paid for the towing and storage.
- Loss of Property: If personal items in your car were damaged or stolen while it was in the care of the towing company, you can claim the value of those items.
Punitive Damages
In some cases, you may be able to recover punitive damages, which are meant to punish the towing company for particularly reckless or outrageous behavior. Punitive damages are not awarded in every case, but if the towing company acted in an extreme or egregious manner, a court may award them.
Conclusion: Should You Sue a Towing Company?
If your car has been damaged during towing, you may have grounds to sue the towing company for negligence or breach of bailment. It’s important to document the damage, file a police report, and contact your insurance company to see if you are covered.
While suing a towing company can be time-consuming and costly, it’s often worth it to recover damages for your losses. Whether you settle out of court or take the issue to small claims court or beyond, the key is to be informed and take action quickly. If you’re unsure about how to proceed, consulting with a lawyer can help guide you through the process and ensure that your rights are protected.
Taking these steps can help you get the compensation you deserve and hold the towing company accountable for their actions.