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Question
I was driving behind a tow truck towing a car during evening rush hour. The wheel on that car came off, roll down the highway and hit my car. Besides the visible damage, the accident also damaged my car’s radiator. I have to rent a car.
Two weeks has passed. Their insurance company said they are not accepting liability at this point because the insurer has not called the insurance company yet. I called the phone number on the tow truck and got a message saying this person is not accepting calls at this time. I can’t leave a message. The tow truck company is not in the phone book. The police report is finally available. I’ll pick it up tomorrow. My rental bill is adding up with no end insight. Whose is liable for this accident? What should I do?
Thanks,
Ping
The towing company is liable.
If they refuse to cooperate with their own insurance company, the claim can be denied which would make the towing company personally liable.
The insurer has likely mailed a letter to the towing company to explain their obligation to cooperate with the claim investigation. Such a letter often prompts the other party into cooperating.
Your obligation is to mitigate your damages. That means you are responsible to utilize the most cost effective manner of making yourself whole again. In this case, continuing to drive a rental car is not likely the best choice and may result in part of the rental being denied. You should either document the damages and have the vehicle repaired to the point of being safely drivable or have your own insurance company handle the repairs.
As you didn't say what kind of coverage you carry on the vehicle, I won't go into all of those options or the insurance process right now.
If you do not have coverage on the vehicle, then you'll need to find out the name and address of this towing company and send them (copy their insurance company) a letter with your damages. If they do not respond after 10 days, then file suit in small claims court.
If you would like to follow up with the type of insurance coverage that you carry, I'll be happy to address further options.
Good luck!
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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