Auto Insurance Claims: Wheel came off of a towed car, tow truck company, claim investigation

Question
I was driving behind a tow truck towing a car during evening rush hour.  The wheel on that car came off, roll down the highway and hit my car.  Besides the visible damage, the accident also damaged my car’s radiator.  I have to rent a car.

Two weeks has passed.  Their insurance company said they are not accepting liability at this point because the insurer has not called the insurance company yet.  I called the phone number on the tow truck and got a message saying this person is not accepting calls at this time.  I can’t leave a message.  The tow truck company is not in the phone book.  The police report is finally available.  I’ll pick it up tomorrow.  My rental bill is adding up with no end insight.  Whose is liable for this accident?  What should I do?

Thanks,
Ping  

Answer
The towing company is liable.
If they refuse to cooperate with their own insurance company, the claim can be denied which would make the towing company personally liable.  
The insurer has likely mailed a letter to the towing company to explain their obligation to cooperate with the claim investigation.  Such a letter often prompts the other party into cooperating.

Your obligation is to mitigate your damages.  That means you are responsible to utilize the most cost effective manner of making yourself whole again.  In this case, continuing to drive a rental car is not likely the best choice and may result in part of the rental being denied.  You should either document the damages and have the vehicle repaired to the point of being safely drivable or have your own insurance company handle the repairs.

As you didn't say what kind of coverage you carry on the vehicle, I won't go into all of those options or the insurance process right now.

If you do not have coverage on the vehicle, then you'll need to find out the name and address of this towing company and send them (copy their insurance company) a letter with your damages.  If they do not respond after 10 days, then file suit in small claims court.

If you would like to follow up with the type of insurance coverage that you carry, I'll be happy to address further options.

Good luck!