When your car breaks down or needs a tow, the last thing you want is more stress. But what if the car is damaged during the towing process? Many drivers wonder: Are towing companies liable for damage? This is a common concern, and it’s something you should fully understand before choosing a tow service. In this guide, we’ll walk you through how liability, negligence, and company responsibility work, and how a reputable team like Chavez Towing helps protect you and your vehicle.
When Are Tow Companies Responsible for Damage?
Tow companies can be held responsible when damage occurred because the tow truck driver didn’t use reasonable care. This means they must follow safe towing practices and take the steps needed to protect your vehicle.
A company may be liable for damage if:
- The tow truck driver used the wrong equipment
- They hooked your car incorrectly
- They didn’t secure the vehicle the right way
- They acted in a negligent way
- The damage happened in the tow yard
- They ignored safety rules during vehicle towing
If the company damaged your car because it failed to use due care, it can be held responsible for the repair costs and any resulting property damage.
Common Types of Damage That Can Happen During a Tow
While reputable towing teams try to prevent problems, there are cases where damage to your vehicle might happen. Not all issues count as negligence, but some do.
Here are common types of damage that may happen:
- Scratches
- Bumper damage
- A dent on the side or fender
- Windshield damage
- Bent axles
- Tire or wheel issues
- Underbody damage
- Electrical issues caused by improper towing
If your vehicle is damaged due to poor handling or unsafe driving practices, the company may be liable.
What Happens If Your Car Is Damaged While Being Towed?
If your car is damaged during the tow, take immediate action to address the issue. The steps you take can help you file a claim, protect your rights, and make sure the towing company’s liability is clear.
Steps You Should Take Right Away
- Take clear photos
Get photos of your vehicle before and after the tow. Clear images help prove the extent of the damage.
- Report the damage
Contact the towing company directly and inform them of the incident. Keep all communication polite and professional.
- Ask about their insurance coverage.
Tow truck companies carry insurance for property damage. Ask which insurance company handles their claims.
- File a claim
If the company damaged your car, you may need to file a claim through their insurer or through your own. If you use your own, your insurance provider might later collect repayment from the towing company.
- Get a repair estimate.
Visit a trusted repair shop to ensure you know the actual repair costs.
- Know your rights
Texas law allows you to seek fair payment if a negligent company caused damage.
Are Tow Truck Companies Always Liable for Damage?
Not always. Companies are generally liable only when negligence or unsafe towing practices caused the problem.
A towing company is not responsible if:
- The car already had damage before the tow.
- You didn’t disclose the mechanical issues that caused damage.
- The car was damaged in an unavoidable accident.
- The issue was caused by a part of the car breaking due to age or wear.
- The towing process was done with proper care, and the damage was unavoidable.
To be held responsible, you must show that the company is liable for damage due to poor handling or unsafe actions.
Can You File a Claim With Your Own Insurance?
Yes. If the towing company damages your car, your own policy may help. If you have comprehensive coverage, you can file through your insurer. They may charge a deductible, but they can also pursue payment from the towing company’s insurance later.
This can expedite repairs and alleviate stress for you.
When Should You Take Legal Action?
If the company refuses to cooperate or you can’t reach a fair payment, you may need to escalate the matter.
You can consider:
- Filing in small claims court
- Speaking with a car accident lawyer
- Reaching out to a personal injury attorney (if someone was hurt)
- Seeking legal advice from a professional
Legal action may be necessary if the company refuses to accept responsibility for the damage caused by poor towing.
How to Tell If a Towing Company Is Reputable
To avoid problems, choose a towing service that follows safe towing practices and treats your vehicle with care.
Here’s what to look for:
- Clear communication
- Fast response
- Professional and trained drivers
- Clean trucks and equipment
- Reviews that show trust
- Licensed and insured service
- Transparent pricing
A reputable company uses proper tools, handles cars with care, and knows how to prevent towing company damages.
Why Choosing the Right Towing Company Matters
Damage to your car is stressful, and fixing it can be costly. Working with a trusted team helps prevent damages incurred and protects you from future trouble.
A professional team:
- Uses the right tow truck for each job
- Knows how to secure your vehicle
- Understands manufacturer rules for vehicle towing
- Works with modern equipment
- Exercised reasonable care with every job
Choosing the right team saves you time, money, and stress in the long run.
FAQs About Liability and Towing Damage
1. Can a tow company be held liable for damages?
Yes. A tow company can be held responsible if the damage occurred because of negligence or poor handling.
2. Is a towing company responsible for damage to your car?
They can be, but only if the company’s liability is proven. They’re responsible when their actions caused damage.
3. What should I do if my car was damaged during towing?
Take photos, contact the company, report the damage, and start the claim process. Get a repair estimate and follow the next steps.
4. What if the company denies responsibility?
You can talk to your insurer, seek legal help, or take the case to small claims court.
5. Does insurance cover damage caused by a tow truck?
If you have comprehensive coverage, your insurer may pay the towing company first and then deal with the issue later.
6. How do I know if the towing company was negligent?
If they didn’t use the right equipment, didn’t secure your vehicle, or acted carelessly, this may count as negligence.
7. What types of damage are most common from towing?
Scratches, dents, bumper damage, tire issues, windshield cracks, and undercarriage damage.
Final Thoughts
So, are towing companies liable for damage? Yes, they can be. But liability depends on how the damage occurred, whether the company used reasonable care, and whether negligence can be proven. If your vehicle is damaged, follow the correct steps, gather photos, and contact the company immediately. Understanding your rights helps you protect yourself and ensure you receive a fair payment. A reliable team like Chavez Towing helps prevent issues and keeps your car safe during the tow.
If you ever find your car stuck on the road, choose a team that treats your vehicle with care. Chavez Towing provides safe and professional towing services throughout Carrollton, Texas, and surrounding areas. Whether you need Car Towing, Truck Towing, Flatbed Tow Truck service, Long Distance Towing, Motorcycle Transport, Tire Change, Box Truck Towing, or Emergency Car Recovery, we’re here to help.
Contact us at any time, we are available 24/7. Save our number (214) 731-7327 or call us now to schedule a tow. For the safest tow, trust Chavez Towing.
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