If my car was damaged while being towed and I would like the road service to pay damages, do I have any legal recourse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car was damaged while being towed and I would like the road service to pay damages, do I have any legal recourse?
Asked on August 26, 2015 under Business Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You don't have to agree to his offer of partial payment or doing the repair himself you could sue him for the full cost of your repairs and, if you win in court i.e. prove that he caused the damage, either intentionally or through negligence, or carelessness, you could recover all your repair costs as well as other out-of-pocket costs attributable to the damage, such as if you had to rent a car while your is being repaired. Depending on the amount at stake, a good option can be suing in small claims court, acting as your own attorney "pro se". Sometimes it is worthwhile taking a settlement offer for less than the full amount, to avoid the time, cost, and uncertainty of a lawsuit you never can be sure what will happen, and even good cases sometimes lose, but it is your choice whether to accept the offer--as stated, you do have the right to sue.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.