Towing company damaged my car, how do I make them pay for damages?

Asked almost 2 years ago - Denton, TX

My car was wrongfully towed in August, which I received a refund for (after making a fuss of course). Because it was night time when I drove it off the lot I didn't notice that they had completely destroyed my front bumper. Can I file a claim on their insurance or do I have to sue? If possible to file a claim, how do I find out what insurance company they have?

Attorney answers (3)

  1. Don Karotkin

    Contributor Level 16

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your claim is against the towing company, not its insurance company. If you can't or won't hire a lawyer, the way to proceed is to write a demand letter to the towing company. They will probably notify their liability insurer about your claim. An adjuster should then contact you and ask you about the facts and for documentary evidence of your property damage. After that, the insurer will either negotiate with you or deny your claim. If you are unable to negotiate a settlement with the insurer, your only remedy is through suing the towing company. If the towing company ignores your demand letter, again, your remedy is to sue the towing company.

    If you had collision and/or comprehensive coverage of your own on your car, you should make a claim against your own insurer. This is first party, no-fault insurance, so you would not have to prove that anyone was at fault in order to get your insurer to honor your claim.

    Good luck.

  2. Nicholas Mermiges

    Contributor Level 10

    7

    Lawyers agree

    Answered . It might make sense to bring this to small claims court. You might also be able to file a claim with your own insurance, depending on the terms of the policy.

  3. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues. You will have difficuly gettting the tow truck compnay to play ball as that is simply the nature of the towing industry. Hire an attorney to write the correct sort of letter initiating a claim for your property damage and be prepared to file a lawsuit to receive your just compensation.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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