What Happens If Your Car is Damaged While Getting Towed?

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.

Tow Companies Are Liable

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.

If a Tow Company Damages Your Car

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.

The Tow Company Is Refusing to Fix the Damage They Caused

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.

Call a car accident Attorney in Austin, TX, today.

Trent Kelly

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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