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Who is responsible for my car that was total by a tow truck company, my insurance or the tow truck insurance?

Irvington, NJ |

My car was parked. I was not present but from the police report and witnesses the tow truck was towing a bus up the hill, and the bus broke off from the truck and roll down the hill plowing into my car totaling it. My car is sitting in a junk yard now my insurance is acting like they dont want to do anything, and am not hearing from the tow truck company. My car was fully paid for. What can I do? Will they replace my car or give me the complete value of the car? Should I sue. I had full coverage insurance on the car.

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Attorney answers 8


Both insurance companies will do their investigation to determine who was at fault. If you do not want to wait on the tow truck company then if you had collision coverage you can have your company repair or total out (whichever it may be) your vehicle minus your deductible. Your company will go after the tow truck company to be reimbursed and once they get that money they can give you back your deductible. If you do not want to go that route, continue to contact the insurance company and request they get someone out to estimate your car damage. You do have a duty to mitigate your damages, so if you leave your vehicle in the tow yard for too long, you could get stuck paying part of the bill.

Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.


You are entitled to recover from either insurance company. If you go through your own insurance company they will repair your car or determine that it is a total loss. Either way you are responsible for your deductible. Your company will go after the tow truck company to be reimbursed and once they get that money they can give you back your deductible. Otherwise you can contact the insurance company for the tow truck and request they get someone out to estimate your car damage. They are permitted to investigate and determine fault before agreeing to pay.

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The squeaky wheel gets the grease. The towing company's insurance should pay; however, I am not surprised they are dragging it out. You should call them repeatedly until they relent. Alternatively, turn the claim over to your insurer and let them deal with it for you. Either way, if the delay goes on long enough, you should considered hiring local counsel to assist you.

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.


Your insurance company should pay you for the value of your vehicle and then
it can go after the tow company. Go on line and gather information
supporting the value of your vehicle to submit to the insurance company.

This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.


Go after both and let them figure it out. You just need to be reimbursed. Yes?

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


A local accident attorney should be able to advise you. There is a car accident claim against the tow company. There is also a claim against your insurance for failure to provide coverage. Finally, there is the issue of your damages for your property, loss of use, rental, and any other allowable damage. Call an attorney and discuss the law of your state with them.


Have a local lawyer in your city negotiate a larger amount.


There are a variety of issues at hand because your insurance company is failing to act on your behalf and you have a claim against the tow company's insurance. All this being said, I would strongly recommend that you hire a local attorney to review your case and advise you further. There are countless attorneys here on Avvo that would be more than wiling to assist you in your case. Best of luck.