What to Do If Your Car is Damaged While Being Towed in Texas

February 6, 2024

 

If you find yourself in a situation where your car needs to be towed, it can be a stressful experience. But what happens if your car is damaged while being towed? Who is responsible for the damages? In this article, we will delve into the liability of towing companies in Texas and guide you through the necessary steps if your car suffers harm during the towing process.

Understanding Towing Damage Liability in Texas

In Texas, towing companies are expected to handle your vehicle with care, but if towing a car damages it, the towing company damaged my car, they may be held accountable for not exercising ‘due care.’ This responsibility covers all aspects of the towing service, including the safe attachment of your vehicle to the tow truck, cautious driving in traffic, and the careful disconnection of your car, ensuring that tow trucks are not liable for damage.

It’s essential to recognize that if you signed a damage waiver releasing the towing company from responsibility for vehicle damages, they might not be held liable. However, if a tow truck damages your car significantly, consulting with a tow lawyer can help determine the waiver’s enforceability in small claims court.

Gathering Evidence of Towing Damage

A critical step in establishing towing damage liability is to document evidence of the damages. Before the tow truck driver gets to work, inspect your vehicle and note its condition. Take detailed photos from various angles, highlighting any pre-existing damage. These images will be pivotal if your car is damaged during tow, serving as indisputable proof of the vehicle’s condition prior to the towing service.

Should you follow your vehicle to the tow yard or mechanic’s shop, make sure to document the vehicle’s condition before it is unhooked. Damage often occurs during the disconnection process, and having photographic evidence of the vehicle’s state before and after the service can be compelling if your car is damaged by towing company.

Types of Damage Caused by Towing Trucks

Tow trucks can inflict a range of damages on your vehicle. Common issues include harm to the car bumper, which may occur if the tow truck’s hook is not correctly positioned. Additionally, tire and windshield damage can happen if the tow truck inadvertently strikes your vehicle, and if a towing company damaged car surfaces with scratches or dents, it’s often due to the tow truck driver’s negligence.

Liability in Towing Accidents

If an accident happens while your vehicle is in transit, the towing company is typically held liable for any damages incurred to other vehicles involved. Regardless of whether your towed vehicle was the cause of the damage, the towing company must take responsibility. Moreover, in the event of a tow truck accident, it is usually straightforward to establish that the towing company is at fault.

Steps to Take for Compensation

Ideally, the tow truck company will be cooperative and willing to cover the damages to your vehicle. If they agree to do so, ensure you obtain a towing receipt and follow these steps:

  1. Take your vehicle to a reputable mechanic or auto body shop and obtain a written estimate for the damage caused during towing. It is advisable to choose a mechanic that the tow truck company recommends, as they may have a preferred garage.
  2. Present the written estimate to the tow truck company. They may agree to cover the costs upfront or reimburse you after the repairs are completed. Remember, the tow truck company is only responsible for damages they caused during the towing job.

If the tow truck company disputes the damages or refuses to cooperate, you have a few options: consider sending a demand letter or consulting with a tow truck accident lawyer to discuss your legal recourse.

  1. Contact your insurance company and inquire if your policy covers the damage. Check if your policy includes comprehensive coverage, as this typically covers damage caused during towing. If you do not have comprehensive coverage, you may have to pay for the repairs out of pocket.
  2. Depending on the deductible and the level of damage, it may be more cost-effective to cover the damage yourself instead of involving your insurance company.
  3. If all else fails, consider taking the tow truck company to small claims court. Each state has different limits for small claims cases, so familiarize yourself with the limits in Texas before pursuing legal action.

Conclusion

Experiencing damage to your vehicle during the towing process can be frustrating and stressful. However, knowing your rights and asking yourself ‘can I sue a towing company for damaging my car?’ can help you resolve the matter smoothly. Reputable towing companies are likely to accept liability for damages they caused, especially when presented with strong evidence. Remember to document the incident, inform the relevant parties, and seek professional legal advice if necessary.

If you require assistance with a towing damage case in Texas, The Martinez Law Firm is here to help. Offering a free consultation, we are your dedicated accident attorney and car accident lawyer in Austin, Texas, with a proven track record of achieving the best results for our clients. Call us today at (512) 444-0025 for a free case evaluation. We proudly serve accident victims in Austin, Texas, as well as neighboring cities including Buda, Kyle, Bastrop, San Marcos, Pflugerville, and Round Rock.

Remember, when it comes to towing damage liability in Texas, you have rights, and we are here to protect them. Don’t hesitate to reach out for the legal representation you deserve from a lawyer for towed car if a tow company damaged my car.

Austin Personal Injury Lawyer

Need Help? Get in touch with us

Millions Recovered For Our Clients

FREE CASE EVALUATION call us: (512) 444-0025
img
Request Free Consultation

Schedule a free consultation with our experienced lawyer today by filling out the form below, or call us at (512) 444-0025

    • img img
      • img
      • img
      • img
      • img
      • img

      “Dear Arturo, Pat and I wish to express our profound gratitude for your competence and speedy settlement of the claim resulting from Albert’s traffic accident of July 31, 2020. You will always be someone we will recommend to any acquaintanc...”

      A.H & P.H.

      Competence and speedy

    • img img
      • img
      • img
      • img
      • img
      • img

      “Mr. Martinez and his amazing staff took care of my case. The outcome was positive and I am so grateful how he and Oneida Salazar were readily available to assist and guide me when I had any questions or concerns. I highly recommend his services....”

      P.F.

      Amazing staff

    • img img
      • img
      • img
      • img
      • img
      • img

      “Mr. Martinez and his amazing staff are always very professional. They worked diligently on ensuring that my family and I stayed informed on the status of the case. We appreciate their humility and willingness to give advice and answer questions at a...”

      E.T.

      Very professional

    • img img
      • img
      • img
      • img
      • img
      • img

      “Very good amazing staff. My attorney and paralegal did that was needed and I was able to settle my case once and for all. Thank you very much Arturo Martinez Law office staff. Very outstanding customer service. I recommend anyone that needs assistan...”

      J.S.

      Outstanding customer service