There are two very different types of damage that can be done by a tow truck. You could be driving along a highway and be hit by a tow truck towing a damaged vehicle. Tow trucks that are towing other vehicles are not always completely safe and the towed vehicle may sway from one side to another or reduce visibility.
The second type of damage could happen when your own vehicle is being towed and the tow truck driver’s poor handling of the tow truck results in even more damage done to your own vehicle.
One clear difference between the two types of damage is that the first one could mean damage to your vehicle and injuries while the second does not involve injury. Whatever the circumstances, if negligence can be shown, you have the right to seek compensation from the tow truck company’s insurer.
Filing a Claim
You will need to file a claim with the insurer of the two truck driver or the tow company providing evidence that shows why you think it was the driver’s fault.
The damages claimed depend on the nature of the damage and whether you or anyone else was directly injured by the accident.
Damages might include any or all of the following:
• The cost of damage to your vehicle, whether it is being towed or hit by a tow truck;
• Personal injuries to you and other occupants of your vehicle if hit by a tow truck;
• Lost earnings if you were injured;
• Pain and suffering compensation if you were injured;
• Punitive damage if severe negligence was involved.
Claim Process
You will need to provide proof with your claim showing why you think the tow truck driver or the tow truck company was at fault. Much depends on the exact nature of the accident. If your vehicle was further damaged during towing, you may know nothing about it until you are told about it by the tow truck company.
The tow truck driver may even claim that it wasn’t his / her fault and the accident was caused by a third party. You would need to examine the liability clauses in the agreement between you and the towing company.
If your vehicle was hit by a tow truck towing another vehicle altogether then you should gather evidence at the accident scene if you can:
• photos of the damage done to your vehicle;
• Obtain contact details of anyone who saw the accident happen;
• Note whether there were any surveillance cameras nearby that could have recorded the accident;
• Obtain a copy of a police report if police attend the accident scene;
• Get a damage report or survey from a car repair yard with an estimate of the cost of the damage done;
• Doctor’s report and proof of cost of medical treatment if any injuries are involved.
Note that there is a time limit, called the statute of limitations, on claims of this type, usually two or three years from the date of the damage / accident, depending on the state.
How a Lawyer Can Help File Your Claim
It may be complicated filing a claim against a tow truck driver or company if your car was hit. You are advised to discuss the damage and injuries with a personal injury lawyer to see what they suggest. If the lawyer thinks you have good grounds for compensation, you will have a better chance of receiving fair compensation with the help of the lawyer than negotiating by yourself.
