If you have had to get your vehicle towed, you entrust the towing company to take care of your car and prevent additional damage. However, accidents do happen or there could be faulty equipment or mistakes made by the tow truck operator, and additional damage could result from the tow truck. If you have suffered damages because of a tow truck, and no accident report was filed, you can still pursue a personal injury claim.
You should document everything and tell the tow truck driver about the damages at the scene. Because the accident is on private property, because you aren’t considering the possibilities or thinking straight, or because you may be rushed for time or stressed, you may not think about notifying the authorities.
You may not realize the extent of the damages, or you may not think that the repairs will be expensive, so you don’t make the call to have an accident report completed. Later you realize that you need to pursue a claim, but it is too late to file a police report.
Evidence Used In Place of a Police Report
You can still gather convincing evidence and supporting documentation for your claim without a police report. Take photos of the damages and of the accident scene. It is suggested to videotape any car being loaded and/or unloaded from a tow truck. If you have that video it can be used as evidence. Also, get statements from any witnesses and be sure to get their names and contact details.
You should likely have written repair estimates completed by qualified repair facilities. These should be detailed and itemized, so they can clearly understand the damages and the extent of those damages. The more supporting documentation that you can provide, the more likely you are to have a successful personal injury claim.
Keep copies of the tow bill and if you must use a rental car while your vehicle is out of commission, then you should keep that receipt as well and submit that request for reimbursement. You should keep track of all the expenses associated with the damages and be sure to jot down notes about the accident while it is fresh in your mind.
How a Personal Injury Attorney Could Help Your Claim
If your vehicle was damaged by a tow truck, you will need to file a personal injury claim against the towing company to recover compensation for your property damages. The towing service and their insurer will have legal representation. You should make sure your rights are protected and you have legal representation looking out for your interest.
A personal injury attorney will not require upfront payment. Instead, your attorney will take the case on a contingency basis, which means that he or she will not be paid until you win your claim and recover compensation through a judgment or a settlement. At that time, your lawyer will receive a percentage of your settlement. Personal injury lawyers have strong negotiation skills, so he or she will work to resolve your matter out of court.
