AAA damaged my car

Asked 11 months ago - 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)

  1. Jeffrey Ira Schwimmer

    Contributor Level 19

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    chosen by asker

    Answered . 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).

  2. Jonathan David Marx

    Contributor Level 14

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    Answered . 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... more
  3. Randy William Ferguson

    Contributor Level 19

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    Answered . 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... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The latter

  6. Patrick S. Mintzer

    Contributor Level 7

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

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