What are my rights if my truck was damaged while being towed?

UPDATED: Jun 10, 2014

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What are my rights if my truck was damaged while being towed?

I purchased a new truck and 1 week later it was towed for having one tire in the grass. While in tow (backwards) another car hit my truck (in the front) causing damage to the to both ends, drivers side, tires and frame and not sure what else. I filed a claim with my insurance company which is telling me that I should file through the driver’s insurance and to ask for diminished value of the truck since it was a week old. I have been told to look for a lawyer to help because I should not settle for anything but a new truck am not sure what to do.

Asked on June 10, 2014 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, if you have collission insurance on your truck, your insurer should have to pay--after all, that's what you are paying for collission insurance for. If you don't have such insurance, or are seeking more compensation then they are offeing (generally, your insurer will pay for repairs, not diminished value; you'll also have to satisfy any deductible), you  could sue the driver who hit you and/or the towing company, IF either appears to have been at fault (that is, careless or negligent) in causing the damage. You can first submit claims to them (you can't directly submit to their insurers; the insurers "work" for them, not you, and they'd have to put the claims to their insurers) and see if they or their insurers will pay voluntarily; if not, you'd have to sue.

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