Leaving the scene of a property damage accident is a misdemeanor. See Ind. Code § 9-26-1-8 or 9, available at http://www.in.gov/legislative/ic/code/title9/ar26/ch1.html. If the local police are unwilling to help with this case, you could contact the local prosecutor directly to discuss the evidence you have.
In addition to the possible criminal penalties, the owner of the car has a right to bring a claim against the tow truck driver and his employer for the negligence that caused damage to the car. Your witness and the photograph are good starting points to prove your case.
You should contact an experienced local attorney to find out what your options are.
I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.
It sounds like your damage is minor, and you may want to sue the towing company in small claims court if you don't want to claim on your own insurance.
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Have you reported it to your insurance company? Depending upon your policy, your insurance company should be able to handle this matter. Otherwise, you will want to bring a small claims action against the company. However, if the repair isn't that much, you may just want fix it yourself because the time and money of bringing a lawsuit won't be worth it. Best of luck to you.
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