TOWING CO. Flipped my truck/loaded trailer while in tow

Good one.

 

I've had two companies tow my truck, and damage it. One fell off the lift, and I got the company to pay big bucks, the second one fell off the lift and they said if I got out of the tow truck, they would have me arrested for obstruction of traffic (real nice people) guess they had the local cops in their pocket, because at the end of the day the damage never happened, and I had to eat the cost of the damage. I was not billed for the tow.

The ball is in your court when they damage your truck during a tow.

 

@brian991219 will be able to shed some light on this topic as he knows the compliance and insurance end and also was deeply involved in the tow industry.

 

Without a long story. I have had insurance company represent me twice. Both times insurance co. Did not find me at fault. However the court did. Now had I faced serious crimes vs basic traffic ticket. Yes I would have hired my own attorney. They are looking out for the insurance company's exposure forsure.

If the tow company gives him any trouble, you file a claim with your own insurance. This will speed up repair/replacement. The insurance companies can fight eachother while you get back to work. This happens all the time.

He faces no personal injury/liability. Dont think I would hire a high dollar lawyer yet. I would be looking for one, incase it goes south.

 

You are not looking for a lawyer to start a lawsuit , you just need one to send a letter to let them know you have help if you need it.
From experience I know that one letter to a mega and suddenly they change their mind about fixing your car with used parts, paying for a rental car, doctor bills get paid with no questions, and then start offering a cash settlement for injury’s .
They just need to know you mean business and a little help to them knock them off high center.

 

Very very bad advice.


A lawyer is there to protect you and your interest.

With more than two parties involved, there may be additional litigation that takes place outside what people can see on the surface.

just dealing with the insurance company can turn into a nightmare. Depending on the state and the custody laws in regards of the cargo and vehicle, not all insurance companies will agree to fight or even consider a payout for a complex accident like this.

If you are going to play this trucking game, get a lawyer on retainer. This isn’t a place where just a few thousand dollars are exchanged to fix a little fender bender but can run into the millions.

 

No Need for a lawyer, yet.
Who knows? The tow trucks insurance company may actually pay up.

wouldn’t hurt to start the search for a good trucking lawyer though , and get them lined up in case
You do actually need them.

If not the first step is to contact your own insurance company and have them pay for the cargo damage and vehicle damage through your uninsured / underinsured coverage , and then let them go after the tow companies insurance company for the money.

if that doesn’t work , then contact a lawyer.
There is NO money for an ambulance chaser to go after if there is no physical medical injury. And no ambulance chaser will take the case.
Sure you can pay a lawyer to write a nasty letter, but that’s all. And no point in that unless the tow trucks insurance drags their feet in paying or refuses to pay, or refuses to pay an acceptable amount to replace the cargo and vehicle and downtime .

If this was a roadside breakdown and a simple tow, and not an accident recovery , the tow trucks ins co will have a hard time getting away with not paying.

and the rollover accident should be well documented with a police report and possibly a citation to the tow truck driver

What the OP needs to be about is finding another truck and getting back to work.
And let the insurance companies battle it out while you’re back to work making money.

I’m guessing it’s a hotshot with a three cars trailer or maybe other cargo on a flatbed, and likely the truck is totaled from the rollover.

 

I disagree. He needs a lawyer to make sure this doesn't get handled like a simple tort. He hired the tow company so he needs to treat it like a breach of contract. That takes a lawyer. The difference between tort and contract is that you can't sue for economic damages in tort, but you can in contract. He lost a truck, a trailer, a load of cargo, and all the business he now isn't getting. Drop five grand on a schyster and turn him lose.

 

Thanks D. I will try but without all the facts I can only guess. Generally towing companies are liable for what they do when it is a consent tow, meaning you called and requested the service. For non-consent tows from law enforcement many states have granted some waivers of liability but even then towers have a duty to exercise reasonable standards of care following industry standard practices, same as we do as car haulers.

In this situation since the OP called the tow truck themselves the tower should be liable for the damages. Now being liable and getting them, or more appropriately their insurance, to make you whole again is difficult. While towers are required to have similar insurance coverage as all other motor carriers in terms of limits and such they are under no legal obligation to carry on-hook (cargo to the rest of the trucking world) in many states. This will be a state level issue for required cargo/on-hook limits. Let's hope this towing company is properly insured!

Even if they are properly insured their insurance company will argue over the value of the cars damaged on the trailer, and if they are new units or otherwise required to be considered for constructive total loss the towing company's policy may not cover that leaving your policy on the hook, no pun intended. You may end up filing a claim for the cargo with your own insurance company, even though the tower's actions caused the damage ultimately you are liable for the cargo so if their insurance doesn't make the cargo owner(s) whole you will be left holding the bag. Same with loss of use (down time) again you may have to file on your own policy to recover anything.

That said, I would hold off on filing a claim just yet, even a zero dollar payout claim can hurt your loss run and make renewal difficult or expensive. Give the towing company and their insurance company another day or two to see if they do the right thing. If not then a lawyer and a claim thru your insurance company may be required.

Sorry this happened to you. Being a third generation tow operator (now retired) I am always saddened to hear of these incidents, especially since they are avoidable with proper precautions. As a former tow company and car haul fleet owner I feel your pain too, replacing a car hauler is complicated and expensive.