The Shoulder
The Shoulder
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sharp-mole-112

Tow truck driver caused more damage than the ditch did — now the company won't talk to me

So I was in a minor fender-bender situation a few weeks back — my truck slid off a rural road during an ice storm and got stuck in a shallow ditch. No damage at all, just high-centered and couldn't get traction. Called a local towing company to come winch me out. Simple job, right?

The driver shows up, hooks up the cable at a weird angle, and starts pulling before I even had a chance to ask about it. The cable drags the front of my truck sideways into a drainage culvert hidden under the snow. I hear crunching. When it's all said and done, my front passenger fender is crumpled, the wheel well liner is destroyed, and the lower control arm looks bent. None of that existed before he touched my truck.

I asked the driver to document it on the spot — he kind of shrugged and said "file it with the office." Okay, fine. I called the office the next morning. Receptionist said a manager would call me back. That was three weeks ago.

I've called four more times. I finally got someone who told me — I'm not kidding — that their insurance "wasn't applicable" for this and that I should file with my own auto insurance. My own insurance! For damage their driver caused!

I have photos of the truck before (was documenting the slide for my own insurance) and after. Clear as day what happened.

Has anyone dealt with a towing company stonewalling like this? I don't even know what my next step is. Small claims? A lawyer? I feel like I'm being gaslit into giving up.

11replies

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11 replies

  • 8
    quiet-kestrel-405

    This is almost exactly what happened to me two years ago with a roadside recovery company. They dragged my car instead of lifting it and tore up the undercarriage. The 'call the office' runaround is 100% a stall tactic — they're hoping you'll either give up or your window to do anything closes. Don't let it.

    • 3
      quiet-walker730

      Seconding this. The same approach worked for me last year.

    • 4
      thankful-offramp212

      Took me three tries but they finally budged. Don't give up.

  • 17
    humble-owl-098

    I used to work on the commercial auto side and towing companies absolutely carry liability coverage for exactly this kind of thing — it's called 'on-hook' or 'garage keepers' coverage depending on the policy. When they tell you their insurance 'isn't applicable,' that's either someone who has no idea what they're talking about, or someone who's been told to say that. Either way it's not true. Get the company's full legal business name, look them up with your state's commerce or licensing board, and find out who their registered agent is. That'll be more useful than calling the front desk.

  • 14
    mellow-crane-121

    Please, PLEASE do not file this with your own insurance first. The second you do that, you're essentially letting the tow company off the hook. Your insurer might subrogate eventually, but you'll probably still eat your deductible and a possible rate increase. Keep pressure on THEM.

  • 15
    calm-finch-807

    A few things worth doing right now: (1) Send them a formal written demand letter via certified mail — email is too easy to ignore and has no legal weight in most states; (2) file a complaint with your state's consumer protection office AND the state agency that licenses towing companies — most states require them to be licensed and bonded; (3) preserve every photo, every call log, every voicemail. Dates matter a lot if this escalates. Small claims is a real option depending on your state's limit, and towing companies hate showing up because it means disclosing their insurance anyway.

    • 14
      patient-lynx-123

      Quick question — did you sign anything when the tow truck arrived? Some companies have you sign a release or waiver before they hook up, and depending on the language it could complicate things. Not saying you're out of options, just worth checking exactly what you agreed to before the job started.

  • 10
    wise-crow-173

    Not legal advice, but this is a pretty classic bailment liability situation — when you handed your vehicle over to that driver, they assumed a duty of care for it. Damage caused during the tow is generally on them. The 'we don't know our insurance' line doesn't hold up legally, it's just obstruction. A free consult with a PI attorney who handles property damage cases would cost you nothing and might clarify your options fast. Many will write a demand letter on your behalf just to see if the company blinks.

  • 7
    candid-marmot-569

    Stop calling. Seriously. Phone calls leave no paper trail and give them plausible deniability. Write one clear, firm letter, send it certified, give them 14 days to respond with their insurance information, and state explicitly that failure to respond will result in you pursuing legal remedies. Then actually follow through. Companies like this count on people not following through.

    • 6
      hopeful-driver816

      How long did it end up taking in your case?

  • 6
    careful-kestrel-611

    This makes me so angry on your behalf. You were already stressed from sliding off the road, you trusted someone to help you, and they made it worse AND are now ghosting you. I'm sorry you're dealing with this. Don't give up — you have the photos, you have the timeline, that's more than most people have.