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(512) 910-2000Written by TK Injury Lawyers, reviewed by Trent Kelly on December 12, 2023
Towing and vehicle transport companies do things like leaving a bike rack that’s suspended off the rear hatch on while they tow the car. The owner later notices that, of course, in an effort to limit their liability, the tow company used plastic wrap around the vehicle while en route, and there are now dents and rub marks in the rear hatch due to the bike rack being pushed into the metal by the wrap. This is just one example of many ways in which tow companies damage cars and trucks.
We are so used to seeing signs everywhere saying, “We are not responsible for your stolen or damaged items.” However, in the case of tow companies, they can not skirt liability like parking garages do. If the tow company tries to tell you otherwise, don’t be intimidated.
They definitely have a standard of care when transporting people’s cars, whether you are paying them to tow your car or not. Yes, even tow companies that impound your car for the police still have the same duty of care.
Even if the towing company is transporting your car on behalf of your insurance company, they can still be reported to your insurance for damaging your car. Like any other damage to your vehicle, a deductible may apply. It is possible to first try talking directly to the tow company about the damage and having them arrange repairs without involving your insurance company. If you prefer, you can get your own estimate for the damage and ask the towing company to pay you that amount.
This is when you’ll want to notify your own car insurance and speak to a lawyer. Damage caused by a tow company is no different than damage caused by being rear-ended on the freeway, having your car vandalized while it was parked on the street, etc. Think of it just like a car accident—because it is. Again, don’t be intimidated. Towing companies regularly damage vehicles, like valet services. Sometimes, even just having your personal injury lawyer write the tow company a letter is helpful and effective. Small claims court is also an option.
If worse comes to worse and the tow company refuses to fix the damage they caused, an Austin accident lawyer can help. Here’s what your lawyer will need in order to win a case against the towing company:
Don’t be intimidated by the tow company or insurance! Let our Austin accident attorneys fight for you and hold the tow company responsible. Call us now at 512-900-4657. Book your free consultation today and get your car back on the road ASAP.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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