QuestionQUESTION: How do I go about getting compensated for the destruction of my car by a negligent tow truck driver who had a winching cable slung across a public road from his truck to another vehicle over a bank, with no flares, no police coverage, nothing to indicate that the cable was there to block traffic. At the time the operator was over an embankment, having hooked up the cable, and neither the car over the embankment or the operator could be seen from the direction that I was coming. I ran into it going about 25 mph. It destroyed my windshield and the two roof pillars and took out the passenger side window too. I could have been killed. I have no collision insurance coverage. My car's blue book value is only 2790, but I can't afford to replace it. My mechanic said that it would cost at least 3500 to fix it. Please give me any info on how to follow up on this.
It was a Triple A truck. Do I need a lawyer to do this?
ANSWER: Contact the tow company and tell them you have a claim. They will likely direct you to their liability carrier. Once you have that information, call them to make a claim for your car, which will likely be a total loss. Be sure to get sufficient funds in the settlement to replace your car with one of like kind and quality, so do some research in the local market to substantiate the value of your car. While using a guide such as Kelley Blue Book may get you to where you need to be, do some shopping in classified and EBay listings for a car like yours. You should not need a lawyer to do this.
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QUESTION: they denied my claim, and said it was my fault for running into this cable. Can you suggest my next step?
Thank you,
AnswerYour only recourse at this point is to take it to small claims court. If you prove your case at that level, chances are good the liability carrier will pay the claim. You don't have to have a lawyer at that level, but you can be sure the tow truck company will be represented by counsel, so weigh the cost carefully and proceed.
