Auto Insurance Claims: Tow company drops car in ravine - liability for loan gap, gap insurance, upside down car note

Question
I recently slipped on black ice and ran approx. 40 feet into a ditch, miraculously causing very minor damage to the passenger side rear fender.  After I was taken to the hospital (no injury), a tow company attempted to remove my car from the ravine with a single tow line and no tie-offs.  They dropped the car, which rolled several times and is now a total loss.  I did not sign any documents with the tow company.  I have a substantial number of first-responder witnesses to the initial light damage, in addition to CHP written documentation that the initial damage was minor.  One witness even stated that the tow truck driver said that he did not think his truck had the proper equipment, but then attempted to pull the car out of the ravine anyway!  The tow company refused to submit the claim to their insurance, and attempted to bill me for their "service".  My insurance company paid a fair market value for the car to the lien holder and will of course subrogate that amount against the tow company, but there is a deductible and I am left owing a gap of almost $7,000 to the lien holder.  I have two questions:
1) Can I sue the tow company for the gap between the FMV and the loan payoff amount?  I would not be in my current position of being unable to obtain another car due to the loan gap but for the tow company's negligence.
2) Are there regulatory agencies or any other governing body to whom I can report the tow company's negligence and subsequent nasty behavior?

Answer
The tow company owes you the same thing that your insurance company does which is the fair market value.  It is no more your fault that they totaled your car than it is their fault that you owed more than it was worth.  They are not the ones that agreed to and signed your loan document; you were.  That is why you should always buy gap insurance if you cannot afford a payment that will keep up with a vehicle's depreciation.

Many states do regulate the towing industry.  They are mostly concerned that the driver's are properly licensed and insured and really don't care about nasty behavior.  That is for your insurance company and the courts to deal with.