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AAA damaged my car

Philadelphia, PA |

I called to AAA to tow my car to my mechanic. the driver damaged my car when he was driving it to the platform. later he denied the accident and I had to fill out a claim to Philadelphia Smart court. AAA stays that since the service was provided by independent contract (I did not know about it) so I have to change the defendant name from AAA to the other business. my question is if AAA is still responsible for the damage or I can keep AAA as a defendant and add the towing business as a second defendant?

Attorney Answers 6

Posted

Keep AAA as a defendant but add the "independent contractor" as a defendant. Since you called AAA and they are the ones who sent the other party, your position will be that the latter was an "agent and/or representative" of AAA for which AAA is legally liable. By naming both as defendants, let them argue it out in court as to who should be responsible but either way you will get a favorable judgment (assuming you can prove your claim as to how the damage occurred).

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Posted

Many people include both defendants. You do not want them coming to court and saying other party responsible.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Asker

Posted

Randy, Thank you for your response! I would prefer to have a deal with only AAA because they provided me with the service. I did not call to the other business so I do not have any relationship with them. If AAA has a contract with them and sent the business to my house, so AAA should be responsible for the damage… but it do not know how the law works in that case

Randy William Ferguson

Randy William Ferguson

Posted

Both may be liable. You want them both there in case. The contract between them probably makes the towing company responsible.

Posted

You got really good advice from my colleagues. Usually you should sue everyone involved in the process. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Asker

Posted

Thank you so much everybody!! it helps. You have a great team!

Posted

The latter

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Posted

My office just had a very similar case, add the second defendant if possible, but there is law that says AAA is responsible.

|610-660-7780 | jon@kaplunmarx.com |www.kaplunmarx.com| The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

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Posted

All possible defendants should be included in any suit. This would include both AAA and the "independent" contractor.

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