If my car was involved in an accident while it was being towed, is the tow company liable for damage?
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If my car was involved in an accident while it was being towed, is the tow company liable for damage?
My car was towed for parking in a private lot. When I recovered it, I found out that the tow truck was involved in an accident with another car while my car was on the hook. This resulted in $3000 worth of damage to my car. Both the tow truck and other car driver blame each other for the accident. The tow company is refusing to pay for the damages. Are they liable enough for me to take them to court?
Asked on January 5, 2012 under Accident Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there was an accident involving your towed car resulting in $3,000 worth of damages to it, either the tow truck driver and/or the other driver of the vehicle involved in the mishap are liable for the damages that you are writing about.
I recommend that if you have auto insurance for this vehicle that you place your insurance carrier on notice about the accident and provide it with all information concerning the accident.
The measure of damages would be the estimated costs of repair or the fair market value of the vehicle if the costs of repair exceed its fair market value (the lesser of the two figures). Small claims might be your option given the $3,000 costs of repair.
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