Is a tow truck driver liable for damages to a towed car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a tow truck driver liable for damages to a towed car?
The car was being towed out of home driveway; there was a drop from the driveway to the road. While going over this, the front end of the car came up and hit the back end of the tow truck causing some damage to the fender. The management of the towing company told the employee to pay $1500 or quit – which will make it so that the employee can not collect unemployment – is this legal?
Asked on February 17, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, forget about what transpires between the driver and the tow company; that's literally not your business. What is your business is that your car was negligently, or carelessly, damaged while being towed. That means that the driver (who actually did the damage) and the tow company (who employed him, and is responsible as his employer for damage he does in the course of his employment) are *both* potentially liable to you. You may only collect an amount equal to the damage, but you may collect it from either (or part from one, part from the other). Of course, if driver or company doesn't voluntarily pay, and the company's insurer chooses to not simply honor the claim and pay, you'll have to sue to get your money; but you can sue either. So from your point of view, both driver and business are potentially liable.
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.