What to do if I my truck was towed backwards and the door flew open and it caused some damage to the door and cab of the truck?
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What to do if I my truck was towed backwards and the door flew open and it caused some damage to the door and cab of the truck?
The towing company is refusing to pay for it and says they are not responsible. What should I do?
Asked on November 12, 2012 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The issue is whether the towing company was negligent, or careless, or not. If, for example, your truck should not be towed backwards--that is the improper way to tow this vehicle--then it was most likely negligent to tow it that way and they should be liable, or financial responsible, for the damage which resulted. If, however, this was a reasonable or acceptable way to tow the vehicle and they otherwise did nothing careless, they would not be liable; liability in matters like this depends on fault, and if they were not careless, they were not at fault.
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