Having your vehicle towed is stressful enough. Whether it’s after an accident, a breakdown, or an unexpected parking issue, you trust the towing company to handle your car with care. However, you may be wondering what happens if your car is damaged during the towing process.
Understanding your rights can make a frustrating situation much easier to manage.
Is the Towing Company Responsible for Damage?
In many cases, yes. Towing companies have a legal duty to handle your vehicle with reasonable care. If your car is damaged due to negligence—such as improper loading, unsecured towing, reckless driving, or faulty equipment—the towing company may be financially responsible for the damage.
Examples of towing-related damage include:
- Scratches, dents, or body damage
- Broken bumpers or spoilers
- Frame or suspension damage
- Transmission damage (especially if improperly towed)
- Undercarriage damage
- Interior damage caused during handling
Towing companies are generally required to carry insurance to cover damage caused during service. If negligence can be proven, you may be able to recover compensation from their insurance company.
When Might a Towing Company Not Be Liable?
There are some situations where liability may not fall on the towing company:
- The vehicle was already damaged before it was towed.
- The damage was unavoidable due to the condition of your vehicle.
- You signed a waiver limiting liability.
- Damage occurred due to a prior accident rather than the tow itself.
However, even if you signed paperwork, towing companies cannot avoid liability for gross negligence or intentional misconduct.
What to Do Immediately After You Notice Damage to Your Vehicle
If you believe your vehicle was damaged during towing, take these steps right away:
Document Everything
Take clear photos and videos of the damage as soon as possible. If you have pictures of your vehicle before it was towed (for example, after an accident but before the tow truck arrived), keep those as well. This helps show that the damage happened during transport.
Get a Copy of the Tow Report
Request a receipt and any documentation related to the tow. Make sure it includes:
- Date and time of service
- Name of the towing company
- Driver’s name
- Condition notes
If the driver noted “pre-existing damage,” compare that to your own records.
Notify the Towing Company
Report the damage immediately. Many companies have internal claims processes. Be calm, factual, and provide your documentation.
Contact Your Insurance Company
Your auto insurance policy may cover towing damage under collision or comprehensive coverage. Your insurer may then pursue reimbursement (subrogation) from the towing company’s insurer.
What If the Damage Is Severe?
In some cases, improper towing can cause major mechanical issues—including transmission failure or structural damage. If repairs are extensive, you may be dealing with thousands of dollars in losses.
If the towing company denies responsibility and the damage is significant, you may need to:
- File a formal insurance claim.
- Submit repair estimates.
- Obtain an independent mechanic’s report.
- Consult with a personal injury or property damage attorney.
An attorney can help determine whether negligence occurred and pursue compensation if necessary.
Can You Sue a Towing Company?
Yes, if the towing company’s negligence caused damage and they refuse to pay, you may file a claim in small claims court (for lower-value disputes) or civil court (for larger losses).
To succeed, you generally must show:
- The towing company had a duty to handle your vehicle safely.
- They breached that duty.
- Their actions caused damage.
- You suffered financial loss as a result.
Evidence such as photos, repair bills, witness statements, and expert mechanic opinions can strengthen your case.
How to Protect Yourself in the Future
While you can’t control every situation, you can reduce risk by:
- Taking photos of your vehicle before it is towed
- Asking what type of tow truck will be used (flatbed is often safest)
- Removing valuable personal items
- Reviewing paperwork before signing
These simple steps can help prevent disputes later.
Contact an Austin Personal Injury Lawyer at McMinn Personal Injury Lawyers for a Free Consultation
If your car was damaged while being towed, you may not have to pay for the repairs. Towing companies have a duty to handle your vehicle with care and can be held responsible for negligence.
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX, and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
