Odds are that your vehicle will need a tow at one time or another. If your vehicle has a mechanical problem, or if you have been in an auto accident, you will call a tow truck to get your car to a repair shop or to your home. When the tow truck comes to pick up your vehicle, you expect them to use caution and not cause further damage to your car, but there are situations where accidents do happen. If your car suffered scratches and chips on paint from a tow truck, you can file a personal injury claim to ask to be compensated for your property damages.
Gathering Supporting Evidence
Always be on the alert and stay on the lookout for your best interests when you are having a vehicle towed. Inspect your vehicle carefully for any damage and be sure to photograph the damage before the car is towed. Recording the vehicle being hooked up and towed could also be helpful to your claim. That way, if an accident occurs, you will have it caught on video.
After your car is dropped off where it is going, you should carefully inspect it for any further damage. If you notice scratches and chips on the paint that weren’t there before towing, notify the tow truck driver. The driver may admit there was an accident, but if not, you will need to prove that the damages happened while your car was being towed. Your photos and witness statements can help show that the paint damage occurred with the car in the possession of the tow truck.
Demand Letter to the Towing Company
By sending a demand letter, you are letting the towing company and their insurance company both know that you are wanting them to cover the costs of your damages and you believe that they are liable for the damage to your vehicle’s paint. Your letter must be detailed and very precise, explaining when, where, and how the damage occurred. You will need to include supporting documentation as well.
Include photos of the before towing and after towing differences, include a written repair estimate, and include witness statements. You will need to indicate how much you expect to be paid for your claim, so you can negotiate a settlement. If you have a video recording of the loading and unloading of your vehicle that shows how the damage occurred, be sure to mention that as well. Give them a deadline to respond.
Consult With a Personal Injury Attorney
Every state has its own statute of limitations for pursuing a personal injury claim. If you want to be reimbursed for your property damages, you should consult with a personal injury lawyer right away. An attorney will review the details of your case and determine the best way to file a property damage claim against the tow truck company. Get your free case evaluation today before your time to pursue a claim runs out.
