What Happens If a Tow Truck Damages Your Car

If a tow truck damages a vehicle during transit or loading, the towing company is held liable for the repair costs if the damage resulted from negligence or improper equipment use. The vehicle owner must document the damage immediately, notify the towing company in writing, and contact their insurance provider to start the claims process. Most professional towing companies carry liability insurance specifically designed to cover on-hook and garage-keepers' risks, which provides the financial means to settle these disputes.

Understanding the protocol for handling vehicle damage ensures that owners receive fair compensation without unnecessary delays. This guide provides a detailed look at identifying damage, establishing liability, and following the correct legal steps to resolve the situation. To help owners stay informed, Hanania Towing Inc maintains a high standard of service and provides these insights based on professional industry practices.

Immediate Steps to Take After Identifying Damage

The moments following the delivery of a vehicle are the most important for building a case. If a car arrives at its destination with new scratches, dents, or mechanical issues, the owner should not sign any release forms or waivers until a full inspection is complete. Signing a delivery receipt often includes fine print that waives the right to claim damage later.

Take high-resolution photos and videos of the car from every angle. Focus on the areas that commonly contact towing equipment, such as the bumpers, undercarriage, and wheels. If the tow occurred at night, use a flashlight or move the car to a well-lit area to ensure no detail is missed. Comparing these images to photos taken before the tow is the most effective way to prove the timeline of the damage.

According to insurance industry guidance on vehicle damage claims, having clear photographic evidence is one of the most effective ways to resolve disputes with service providers. Without visual proof, it often becomes one person’s word against another, which rarely favors the consumer.

Common Types of Towing Damage

Different towing methods carry different risks. While flatbed towing is generally the safest, improper securement can still lead to issues. Wheel-lift towing, if done incorrectly on a four-wheel-drive vehicle, can cause severe transmission failure.

Towing Method	Primary Risk Factors	Preventive Measures
Flatbed	Bumper scrapes and winch cable tension	Use of approach ramps and soft straps
Wheel-Lift	Transmission strain and tire wear	Using dollies for all-wheel-drive cars
Hook and Chain	Frame misalignment and body damage	Avoiding this method for modern vehicles

Mechanical damage is often harder to spot than cosmetic issues. If a car feels different or makes new noises after being towed, a professional diagnostic check is necessary. A report from J.D. Power indicates that modern vehicle sensors and alignment systems are sensitive to the types of jarring forces that occur during improper towing.

Bonus Tip Check the tire sidewalls for scuffs or tears. Towing operators sometimes use chains or straps that are too tight, which can damage the structural integrity of the tire without leaving an obvious mark on the rim.

Determining Liability and Insurance Coverage

The legal concept of bailment applies when a towing company takes possession of a vehicle. This principle dictates that the company has a duty of care to return the property in the same condition it was received. If they fail to do this, they are responsible for the resulting financial loss.

Most reputable companies carry insurance that includes "on-hook" coverage. This specific policy covers damage to a vehicle while it is being towed. Another relevant policy is "garage-keepers" insurance, which covers the vehicle while it is parked at the towing company's lot. If a company refuses to provide their insurance information, the owner may need to involve local law enforcement or seek legal counsel.

Filing a Formal Claim

Once the damage is documented, the owner should contact the towing company management. A verbal complaint is rarely enough; a written claim sent via email or certified mail creates a paper trail. This document should include the date of service, the name of the driver, photos of the damage, and a copy of the repair estimate from an independent mechanic.

If the towing company denies the claim, the next step is to contact the owner's insurance company. If the owner has comprehensive coverage, their insurance might pay for the repairs and then pursue the towing company through a process called subrogation. According to information from The Balance, subrogation allows an insurance company to recover the costs they paid out from the party at fault.

Things to Consider Before Making a Decision

Before choosing a towing provider or deciding how to proceed with a claim, several factors require attention.

• Company Reputation: Look for companies with documented safety records and positive feedback regarding their claims process.

• Equipment Quality: Ensure the company uses modern flatbed trucks for luxury or all-wheel-drive vehicles.

• Documentation Policy: Verify if the company maintains a policy of taking "pre-tow" photos. Professional outfits like Hanania Towing Inc document the vehicle's condition before touching it to protect both parties.

• Cost of Repairs: For minor scratches, the cost of the repair might be lower than the insurance deductible. Evaluate if a private settlement is more efficient.

• Local Regulations: Some states have specific laws governing how towing damage claims must be handled.

Common Questions About Towing Damage

Can I sue a towing company for damage?

Yes, if a company refuses to pay for damages they caused, the owner can file a lawsuit in small claims court. This is usually effective for repairs under a certain dollar amount, which varies by state.

What if the damage was caused by a police-ordered tow?

The liability remains the same. Even if the police ordered the tow due to an accident or illegal parking, the towing company is still responsible for handling the vehicle with care.

Should I call the police if I find damage?

If the damage is significant or if the towing company is being uncooperative, a police report can help document the incident. However, this is usually treated as a civil matter rather than a criminal one.

Bonus Tip:  Always check the undercarriage for fluid leaks. If a tow truck drags a vehicle with the parking brake on or in the wrong gear, it can blow seals or damage the differential, leading to slow leaks that might not be visible for a few days.

Frequently Asked Questions

Does my insurance cover damage from a tow truck?

Comprehensive or collision coverage typically covers damage caused by a third party, including tow trucks. Your insurer will likely pay for the repairs and then seek reimbursement from the towing company's insurance.

How long do I have to report damage?

While it varies by company and state law, reporting the damage within 24 to 48 hours is standard. Waiting longer makes it harder to prove the tow truck was the cause of the problem.

What if the driver says the damage was already there?

This is why pre-tow photos are vital. If you do not have photos, look for "old" signs of damage like rust in a scratch or dirt buildup in a dent. Fresh damage will have clean metal or bright plastic showing.

Can a tow truck damage the transmission?

Yes, especially on automatic or four-wheel-drive vehicles. If the drive wheels are left on the ground while the car is in gear, the internal components of the transmission can overheat and fail within a few miles.

Final Considerations for Vehicle Owners

Managing the aftermath of vehicle damage requires a calm and systematic approach. Focus on gathering evidence and maintaining clear communication with all involved parties. Professional towing standards exist to prevent these issues, and when they fail, the insurance and legal systems provide a path to recovery. Always prioritize safety and thoroughness when inspecting a vehicle after it has been moved. Evaluating the specific details of the incident will help determine if an insurance claim or a direct settlement is the best path forward.

Contact Information for Assistance

If you need professional vehicle transport or have questions about safe towing practices, reach out for expert guidance. Hanania Towing Inc provides reliable services and prioritizes vehicle safety in every situation. You can reach the office at (804) 399-1091 or via email at Hananiatowing@gmail.com for more information regarding service standards and safety protocols.

Sources

• insurance industry guidance on vehicle damage claim - Independent industry resources that explain how documented evidence, such as photos and reports, supports fair resolution of vehicle damage disputes.

• J.D. Power - A global leader in consumer insights and data analytics that provides information on automotive quality and repair trends.

• The Balance - A financial education website that offers detailed explanations of insurance processes like subrogation and claims handling.

NHTSA - The National Highway Traffic Safety Administration provides safety standards and regulations for vehicle transport and equipment.