Towing company damaged car - who's at fault?

According to Geico, this would be such a huge PITA that it’s not worth going after the towing company. The claims rep wasn’t even sure if they could be held liable for this because it was a legal tow (car parked in private lot).

I’m pretty sure that the towing company can’t damage your car trying to break into it (they damaged the locking mechanism & sliced up the weather stripping with the slim jim) without being held at least partly responsible. If they can’t be held responsible for any damage done to your car while trying to tow it, why bother with the slim jim at all? Why not just heave a brick through the window to get into the car? What if they do body damage with those nasty chains while dragging it onto the flat bed? How about scraping up the paint as they push it into a parking space in the impound lot?

In short, is the towing company free to do whatever is necessary in order to get your car off the street and into the impound lot, even if that means damaging it?

IANAL, but it would seem to me that if they do damage to your car, they should pay for it. Your insurance company would be best suited to go after them, you would only get the run-around. Was it in DC that it happened, or another state? Insurance laws vary by state, hopefully it happened in a no-fault state, in which case your insurance company has the most burden.

Yep. Try this article:

http://wcpo.com/wcpo/localshows/iteam/5f1803.html

I’m stunned. Useful info and a cite. Who are you, and what have you done with handy?

Oops! This isn’t the pit! :wink:

Very nice work, handy! Great cite.