Skip to main content

Towing Truck damaged my Nissan Rouge 2012 AWD when they towed it. Can I sue them? in Florida.

Hollywood, FL |

This past Friday, my Nissan ROuge AWD got towed away and when I went to pick it up next day, I noticed a horrible sound in the back as if I was towing someone myself. I turned around and they did not want to assume any responsibility. I called the Cops and did a report but the cops said they couldnt do much. I took the car to the Dealer and they inspected and said the Differential was damaged when they towed it. It cost $2900 to fix it.
What can I do? How do I sue?

+ Read More

Attorney answers 7

Posted

Yes. I would contact a local lawyer and file a claim for damage to your vehicle.

Posted

I would send a letter to the tow company stating that you are making a claim for the damage. Get something from the dealership estimating the cost of repair of the damage and the belief that it occurred as a result of the towing. The dealership should then take your claim seriously. If you are not able to get them to offer to pay for the repairs, you may need to consider a lawsuit, possibly in small claims court. The alternative would be to have your insurance pay for the damage and then go after the tow company for repayment.

Good luck.

Posted

You should contact your insurance company if you have coverage for this. If not, contact the towing company's insurance carrier. Otherwise contact a local attorney who handles property damage cases.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Posted

Secure an affidavit from the dealer which states: 1.) damage was definitely caused by improper towing and 2.) Cost to repair to return the vehicle to the pre-tow condition (if the vehicle had 100,000 miles on it and was ready to go out even if it had NOT been improperly towed, the tow company will only be responsible for a portion of the cost to prevent unjust enrichment.)

File a case in small claims and enter the affidavit as an exhibit.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Posted

With only $2,900 at stake, you should file it in small claims court. Small claims court is typically user friendly and geared towards unrepresented parties.

Alabama law requires that I inform you that no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Posted

Small claims court.

Posted

I agree that your best approach is small claims court. Good luck!

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer