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N Cal Atty
N Cal Atty, Attorney
Category: Traffic Law
Satisfied Customers: 9129
Experience:  Since 1983
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My vehicle was dropped from a tow truck . Do i have a case

Customer Question

My vehicle was dropped from a tow truck . Do i have a case against the towing company or the tow truck driver? Even if my insurance company fixed my vehicle?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Brandon M. replied 3 years ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. I should start by saying that because the nuances of every case are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, when a towing company damages a vehicle because of their negligence, they are generally liable for all foreseeable damages caused by the negligence. This means that, for example, if a towing company's negligence results in them dropping a car that they are towing, they will be responsible to compensate for any foreseeable damages that may result.

Brandon M. :

Hi, I see that you joined the chat. Welcome.

Brandon M. :

You also asked about how the insurance company fixing the vehicle would impact things. Before I answer that part of the question, does my answer make sense so far?

JACUSTOMER-rdp95tk8- :

you did not answer me can i go after the company and driver seperately even though insurance "my" insurance company fixed my vehicle?

Brandon M. :

I do apologize if there was a misunderstanding. The first question was "do I have a case against the towing company or the tow truck driver?" The second question was "even if my insurance company fixed my vehicle?" I was attempting to address the first question first. Sometimes, people would like clarification and it makes sense to resolve any questions about the first answer before moving on to the second.

Brandon M. :

If you are not interested in working with me any further, you are certainly under no obligation to do so. I do wish that I had been given the chance to clear things up before being rated. Although this form of communication is convenient and accessible, it is not quite as precise as meeting in person in a law office. Usually, if there is a miscommunication, it can be resolved with a bit of patience.

Brandon M. :

I'm sorry that we couldn't help. I do wish you the best in your matter.

Brandon M. :

And the reality is that you might be happier working with an attorney in person. Take care.

JACUSTOMER-rdp95tk8- :

yes i understand but the answer is very vague.

Expert:  N Cal Atty replied 3 years ago.
New expert here.

Once the insurer paid the costs of repairing the vehicle, it became subrogated to your right to sue the tow company and driver for negligence. If the insurer does that successfully, it should refund your deductible, but once the insurer paid, it gained the right to recover the damages caused by the towing company, and your policy very probably has a clause that states that you can not sue the towing company in this situation (unless the incident caused a person to sustain an injury other than property damage to the vehicle).

I hope this information is helpful.