What to Do When a Tow Truck Damages Your Car
How to file a damage claim after a tow
If a tow truck damaged your car during the towing process, you can file a claim with the towing company's insurance. Most towing companies carry liability insurance that covers damage they cause. The process starts with documenting the damage, notifying the towing company in writing, and submitting photos and repair estimates to their insurance carrier.
South Carolina law does not cap what you can recover for tow-related damage, but you must prove the towing company caused the harm. This means showing that the damage occurred during the tow, not before. The towing company's insurance adjuster will investigate your claim, and if they agree liability exists, they will either pay for repairs or reimburse you for the cost.
The timeline matters. Most insurance companies want notice of a claim within 30 days of the incident, though some allow longer. If you wait months to report damage, the company may argue you cannot prove when it happened or that you caused it yourself.
Key Takeaways
- Document damage with photos and video immediately after the tow, before you move the car or have repairs done.
- Send written notice to the towing company within 30 days, including the tow date, location, and description of damage.
- Get a repair estimate from a mechanic or body shop and submit it to the towing company's insurance adjuster.
- If the company denies your claim, you can file a complaint with the South Carolina Department of Consumer Affairs or pursue a civil lawsuit in small claims or district court.
What counts as tow-related damage
Tow damage typically includes dents, scratches, broken lights, bent frames, transmission damage from improper towing, and damage to the undercarriage. It also covers harm to the interior if the tow operator entered the car without permission or broke windows or locks to access the steering wheel.
Damage that occurred before the tow — rust, existing dents, worn tires — is not the towing company's responsibility. The insurance adjuster will compare photos you took before the tow (if you have them) with photos after. If you have no before photos, the adjuster may assume the damage was pre-existing unless you can show otherwise through witness statements or the tow report itself.
Some damage is harder to prove. If your car runs poorly after a tow but you have no visible damage, you will need a mechanic's diagnosis showing the towing method caused the problem. For example, if the car was towed on its front wheels when it should have been flatbedded, and the transmission is now damaged, a transmission shop can often confirm that improper towing caused the failure.
Steps to document and report damage
Take photos and video of all damage immediately after the tow, while the car is still in the condition the tow truck left it. Photograph the damage from multiple angles and in good lighting. If possible, photograph the tow truck and its equipment, and note the operator's name and the company name on the truck.
Write down the date, time, and location of the tow. Note the weather, road conditions, and any witnesses who saw the tow happen. If the tow was ordered by police or a parking lot owner, get the case number or incident report number — this helps prove when and where the tow occurred.
Contact the towing company by phone first to report the damage, but follow up immediately with a written letter or email. Include the tow date, the vehicle identification number (VIN), a description of each damaged area, and photos. Send it certified mail or email with a read receipt so you have proof the company received it. Do not accept any verbal promises to pay — get everything in writing.
Getting a repair estimate and submitting your claim
Obtain a written repair estimate from a licensed body shop or mechanic. The estimate should itemize each repair, list the parts needed, and show labor costs. Some towing companies will direct you to a specific shop; others will accept estimates from any licensed repair facility. If the company directs you to their preferred shop, you can still get a second opinion from another shop if you disagree with the estimate.
Submit the estimate to the towing company along with your photos and written notice. Ask for the name and contact information of their insurance adjuster. Many companies will provide this; if they refuse, ask for the name of their insurance carrier and contact the carrier directly. You have the right to file a claim with their insurance company even if the towing company does not cooperate.
The insurance adjuster may request additional information, such as the repair invoice once work is complete, or they may send their own appraiser to inspect the car. Cooperate with the inspection but keep copies of all documents. If the adjuster's estimate is lower than the repair shop's estimate, you can request that the adjuster explain the difference or obtain a second appraisal.
What happens if the towing company denies your claim
If the insurance company denies your claim, they must provide a written reason. Common denials include: the damage was pre-existing, the towing company did not cause the damage, or the claim was filed too late. Review their denial letter carefully and gather any evidence that contradicts their reasoning.
You can request that the insurance company reconsider. Submit any new evidence, such as witness statements, mechanic reports, or photos showing the damage could not have existed before the tow. If the company still refuses, you have other options.
File a complaint with the South Carolina Department of Consumer Affairs if you believe the towing company or its insurer acted unfairly. You can also pursue a civil lawsuit in small claims court (for damages under $7,500) or district court (for larger amounts). Small claims court is faster and does not require a lawyer, though you can bring one if you choose. In district court, you may recover not only repair costs but also rental car expenses, diminished vehicle value, and attorney fees if you win.
Insurance coverage and your own policy
Your own auto insurance may cover tow damage under your collision or comprehensive coverage, depending on your policy. If you have collision coverage, you can file a claim with your own insurer, pay your deductible, and let them pursue the towing company for reimbursement (a process called subrogation). This can be faster than waiting for the towing company's insurance to respond.
However, using your own insurance means paying your deductible out of pocket, and it may increase your premiums. Before filing with your own insurer, contact the towing company's insurance adjuster to see if they will cover the full cost without requiring you to use your own policy.
If the tow was ordered by a parking lot owner or a police department, that entity may also carry insurance that covers tow damage. Ask the parking lot owner or the police department for the name of their insurer and whether they will cover the damage.
Preventing tow damage in the future
Request a flatbed tow instead of a wheel-lift or hook-and-chain tow when possible. Flatbeds are gentler on the vehicle and reduce the risk of damage. If your car is disabled and must be towed, ask the operator which towing method they will use and whether it is appropriate for your vehicle type.
If you are having your car towed by a service you hired (not a police or parking lot tow), get a written estimate of towing costs and ask about damage liability before the tow begins. Some towing companies offer damage waivers or higher insurance limits for an additional fee.
Take photos of your car's condition before any tow, especially if you know a tow is coming. This creates a clear record of what the car looked like beforehand and makes it much harder for an insurance company to claim damage was pre-existing.
Frequently Asked Questions
How long do I have to file a damage claim?
Most insurance companies expect notice within 30 days of the tow. South Carolina law does not set a strict deadline for tow damage claims, but waiting months weakens your case because the company can argue you cannot prove when the damage occurred. File as soon as you discover the damage.
Can I have my car repaired before filing a claim?
It is better to get a written estimate before repairs begin. If you repair the car first, the insurance adjuster may argue you inflated the repair cost or that the damage was not as severe as you claim. If you must repair immediately for safety reasons, keep all invoices and photos of the damage before repair.
What if the towing company says the damage was my fault?
The towing company must prove you caused the damage. If the damage occurred while the car was in their possession and being towed, they are responsible unless they can show the damage was pre-existing. Witness statements, photos, and mechanic reports showing the damage is consistent with improper towing all support your claim.
Do I need a lawyer to file a tow damage claim?
No. You can file a claim directly with the towing company's insurance adjuster and negotiate a settlement yourself. A lawyer is helpful if the claim is large, the company denies liability, or you decide to file a lawsuit, but most small damage claims are resolved without legal representation.
What if the towing company has no insurance?
South Carolina requires towing companies to carry liability insurance, but some operate illegally without it. If the company has no insurance, you can file a complaint with the Department of Consumer Affairs and pursue a lawsuit against the company directly. You may also file a claim under your own uninsured motorist coverage if your policy includes it.