Towing companies are responsible for transporting vehicles safely and without causing damage. However, accidents can happen, and if your car is damaged while being towed, you need to know what to do.
Who is Liable for Damage?
In most cases, the tow company is liable for any damage that occurs to your car while it is being towed. This is because tow companies have a duty of care to transport vehicles safely. This means that they must take reasonable steps to avoid damaging your car, such as using proper equipment and driving carefully.
What to Do if Your Car is Damaged
If your car is damaged while being towed, there are a few things you should do:
- Document the damage. Take photos of the damage and get a written estimate for the repair costs.
- Contact the tow company. Let the tow company know about the damage and request that they pay for the repairs.
- Notify your insurance company. Your insurance company may be able to help you cover the cost of the repairs.
- Consult an attorney. If the tow company denies liability or refuses to pay for the repairs, you may need to consult an attorney.
Proving Your Case
To prove your case against the tow company, you will need to show that:
- The tow company was responsible for your car at the time of the damage. This can be proven with a towing contract or other evidence.
- The tow company was negligent. You will need to show that the tow truck operator failed to take reasonable steps to avoid damaging your car.
- The damage to your car was caused by the tow company’s negligence. You will need to show that the damage would not have occurred if the tow company had not been negligent.
How to Avoid Damage
There are a few things you can do to avoid damage to your car while it is being towed:
- Choose a reputable tow company. Check with your local Better Business Bureau or Chamber of Commerce to find a tow company with a good reputation.
- Get a written contract. The contract should specify the terms of the tow, including the price and the tow company’s liability for damage.
- Inspect your car before and after it is towed. This will help you document any damage that occurs while the car is in the tow company’s possession.
If your car is damaged while being towed, it is important to know your rights. You can hold the tow company liable for the damage and recover the cost of repairs. By following the tips above, you can help avoid damage to your car while it is being towed.
Frequently Asked Questions (FAQs)
What happens if my car is damaged while being towed?
- The tow company is generally liable for damages, even if they were hired on behalf of insurance companies or the police.
What should I do if my car is damaged?
- Contact the tow company directly to arrange repairs.
- Submit an estimate for damage and request payment.
- Notify your insurance company and consult an attorney.
How do I prove my case against the tow company?
- Obtain a towing contract, if available.
- Gather evidence that the tow company was responsible for the vehicle at the time of damage.
- Demonstrate negligence by the tow truck operator.
Can I hold the tow company liable even if they were hired by a third party?
- Yes, the tow company is not exempt from liability, regardless of who hired them.
What if the tow company refuses to fix the damage?
- You can pursue legal action through an attorney or small claims court.

Characteristic | Advice/Key Point |
---|---|
Vehicle Owner’s Rights | Owners can challenge improper towing and file a small claims action for damages and repair costs. |
Towing Company’s Responsibilities | Towing companies must have a license, avoid vehicle damage, and provide accurate information about fees. |
Repair Bill Disputes | Owners can obtain an independent estimate and file a complaint with the DCA if they dispute the bill. |
Document Evidence | Vehicle owners should document damage and communication with the towing company and repair shop. |
Liability | Tow companies are liable for damage to vehicles during towing due to negligence. |
Damage Assessment | Take photos of the vehicle’s condition before and after towing to document damage. |
Insurance Coverage | Comprehensive insurance may cover towing damage, but check deductibles and rate changes. |
Tow Company Responsibility | The tow company is responsible for damage throughout the towing process. |
Tow Truck Driver Responsibility | The tow truck driver is responsible for damage due to their negligence. |
Vicarious Liability | The tow company is liable for damage caused by the tow truck driver. |
Best Approach | The best way to recover repair costs depends on the circumstances. |
Evidence Gathering | Gather evidence such as a towing contract, damage photos, and proof of negligence. |
Legal Options | Owners can pursue legal action through an attorney or small claims court if necessary. |
Tow Company Exemption | Tow companies are not exempt from liability like parking garages. |