What Happens When A Towing Company Damages Your Vehicle?
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There are many reasons why your vehicle can get towed without your consent: illegal parking, unpaid tickets, suspended license, etc. But what happens if the company accidentally damages your vehicle while towing? Are they liable, or do you foot the repair bills?
These questions went through the minds of several social media users after coming across a viral video. The clip shows an NYPD tow truck removing a silver Honda; however, during the process, the operation crashed the vehicle into a U-Haul truck behind before driving off with screeching tires.
Dr. Lord Explains Who’s Liable for The Damage
After playing the clip, attorney Ugo Lord explains that if the New York Police Department is towing your car, you’ve done something wrong. However, “…whenever a third party takes possession of another party’s property, they must make reasonable efforts to ensure that property is held safely.”
“What we witnessed was not reasonable, making the NYPD liable for the damages” that happened to the Honda and U-Haul.
The police failed to displace the vehicle from its position without damaging the Honda and other surrounding vehicles. Therefore, despite potentially committing an offense, the Honda owner can sue for the damages caused by the tow.
Determining Liability During Towing or Storage
According to California law, the vehicle owner may seek compensation for any damage to the vehicle caused by intentional or negligent conduct. Some examples of negligent actions by a tow truck employee include:
- Using inappropriate equipment
- Using equipment incorrectly
- Attaching a winch hook improperly
- Using defective equipment
- Misestimating the size and weight of the vehicles
- Driving carelessly while towing a vehicle
- Making wrong turns or miscalculating clearance while towing a car
- Swerving into another lane and causing a collision
- Hitting a moving or stationary object while towing a vehicle
Ultimately, the tow company must exercise due care during the towing process. In this case, the towing truck hit a stationary object (the U-Haul) while towing, making them liable for the vehicle repair bills.
Driver Might Have to Sue to Get Compensation
While attorney Ugo Lord explained that the NYPD is liable for the damage to the vehicle, others believe he won’t receive any compensation. One YouTube user comments, “Good luck getting them to pay. Gonna have to sue them to get it right”.
Unfortunately, Ugo Lord confirmed the comment, replying, “You’re right. It’s a sad truth but you’re right.”
Another user expressed the same opinion, saying, “‘makes the NYPD liable’ they ain’t paying for s***”. Dr Lord affirmed the statement, explaining that cases like this often end with a lawsuit since the NYPD is notorious for not paying on claims for property damage.
Conclusion
If your vehicle ever gets damaged by a towing company, you have the right to seek compensation for the repair costs. However, the process may not be straightforward, as you may need to gather evidence, file a claim, negotiate with the towing company’s insurance, and more.
Therefore, we recommend hiring a lawyer like Dr. Ugo Lord, who specializes in liability cases and can guide you through the legal options available. A lawyer can also help you protect your rights and interests and ensure you receive fair and adequate compensation for your losses.