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.
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.
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.
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.
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.
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:
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.
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.