If my car was involved in an accident while it was being towed, is the tow company liable for damage?

UPDATED: Jan 5, 2012

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If my car was involved in an accident while it was being towed, is the tow company liable for damage?

My car was towed for parking in a private lot. When I recovered it, I found out that the tow truck was involved in an accident with another car while my car was on the hook. This resulted in $3000 worth of damage to my car. Both the tow truck and other car driver blame each other for the accident. The tow company is refusing to pay for the damages. Are they liable enough for me to take them to court?

Asked on January 5, 2012 under Accident Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there was an accident involving your towed car resulting in $3,000 worth of damages to it, either the tow truck driver and/or the other driver of the vehicle involved in the mishap are liable for the damages that you are writing about.

I recommend that if you have auto insurance for this vehicle that you place your insurance carrier on notice about the accident and provide it with all information concerning the accident.

The measure of damages would be the estimated costs of repair or the fair market value of the vehicle if the costs of repair exceed its fair market value (the lesser of the two figures). Small claims might be your option given the $3,000 costs of repair.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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