Towing Issues: Damage to Car, subaru wrx, small claims court

Question
My car was towed and there were gouges in the asphalt where my car was sitting it is a lowered Subaru WRX with an after market exhaust. I believe that the exhaust and the rear diff is what caused the gouges.  If they caused damage from improperly towing my car could I make them pay for the damage? Also, if they did not use a flat bed towing truck and had 2 of the 4 wheels rolling while towing they would have messed up the whole drivetrain.  Could I also have them pay to fix that?  Is there a law/code that states anything to prove to them in black and white that they would have to pay for these damages?

Answer
Since you didn't give the state in which you live I can not properly answer the question but regardless of law if the tow company damaged your vehicle you can file suit for civil damages in small claims court. What I am trying to say is the tow company doesn't have free reign to damage your vehicle because it is difficult to tow. A wheel lift would have worked if they had dollies and could have been the better option. Some "scoobies" can be towed on a wheel lift with the trans. in neutral and is very, very limited to speed and distance. Personally, I wouldn't do it and would never suggest it!