Towing Issues: Is towing company liable for damage?, baton rouge louisiana, tow company

Question
I live in Baton Rouge, Louisiana. My truck was towed for illegal parking in a permit parking lot. My truck has a bed cover on it and while being towed from behind the top flew open, slammed into the cab of the truck and broke the fiberglass cover. I believe the cover is beyond repair. When questioning the towing company owner/driver, he acknowledged the top flying open and said it was not his problem. I continued to ask questions and he went on to say he didn't see the cover on the truck before hooking it up. When asking him how he could not notice the bed cover he said, "I don't have time to check for things like that." My reply was it takes less than 30 seconds to check for something as obvious as a bed cover. He said it was too dark for him to see it, when I know the parking lot has street light in it. Can the towing company be held liable for the damage?

Answer
Absolutely, you have a claim! The tow company is responsible for any negligence that happens to your vehicle while it's in their care and custody. The vehicle was in violation but it doesn't mean the tow company has free reign to damage it. There is no excuse for the operator stating it was dark and didn't complete a walk around inspection before the tow. Take pictures and get some estimates for repair or replacement and present it to the tow company. Give them the opportunity to make things right. If the tow company is unwilling, then file a suit for damages. Sorry to hear that happen because it was avoidable!