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A tow truck sent by my insurance company caused damage to my car.
Who is liable? Should I use collision coverage and then sue?
Anonymous2 views3 answers
My insurance company refuses to pay for damages and wants to use my collision coverage instead. I'm not sure if I can fix my car then take them to court to get my deductible back?
They sent the tow truck.
The car was drivable when the tow truck had possession and could not move when he dropped it at the auto shop.
Is it worth getting an attorney involved or go to small claims?
Who is liable: me, tow truck, or insurance company?
I'd go after the tow truck company which must have insurance. Have you filed a claim with them over it? If they refuse you, then you can use your collision insurance or file in small claims. Not sure it would be economical to use an attorney unless they somehow could make a bad faith insurance lawsuit out of it somehow.
If tow truck operator caused your damage - the towing company will be liable. Generally the negligence of the towing company will not be imputed to the insurance company, so your remedy will be to take them to small claims court. If you make a claim under your own auto policy for the damage, your insurer will then go after the towing company to recoup what they pay to you to repair the damage. They will typically seek recovery of your deductible on your behalf as well and return it to you.
Hope this is helpful.
If you had collision coverage, the easiest way to handle this is to have your insurance company pay for fixing the damage. Quite frankly, I don't see any reason for them to deny the claim. They can then chase the tow truck company and get your deductible back. To answer your question succinctly: 1. Your insurance company is responsible for paying the claim assuming you had collision coverage in force; 2, the tow truck company is liable, if you wish to pursue that route, but it may take longer than dealing with your own company; 3. You are not responsible in any way.
