Who pays to tow your vehicle after an accident depends, in most cases, on whose actions caused it in the first place. If you caused the accident, you or your insurance company will cover the costs of the tow.
If it was caused by the other involved driver, they or their insurer are liable for this cost. However, these generally applicable procedures can become much more complicated when liability is disputed, when the actions of multiple drivers caused the accident, and when involved parties have inadequate insurance coverage or no insurance coverage at all.
In some cases (for example, when the other driver’s insurance carrier is taking a considerable period of time to investigate their insured’s degree of liability,) it will be in your best interest to cover the tow and storage costs initially, since leaving your car in a tow yard could lead to storage charges that mount daily.
If you paid for the initial tow or were charged a fee because police had to tow your car from the scene, hold onto your receipts. Our Long Island car accident lawyers will use them to seek the tow charge and other damages from the at-fault driver’s insurance carrier.
In This Article
Reading time: 5 minutes
- The Role of Negligence in Obtaining Compensation for Towing Expenses
- A Police Report Will Prove the Costs of the Tow Are Accident-Related
- The Tow Fee Is Only One of the Costs You Could Recover After an Accident
- File Your Car Accident Lawsuit According to New York’s Statute of Limitations
- Get Legal Support to Recover the Costs of a Tow After a Car Accident
The Role of Negligence in Obtaining Compensation for Towing Expenses
The at-fault driver should be held responsible for all post-accident expenses and losses, which means their insurance pays to tow your vehicle after an accident so long as it can be established that they were negligent. That means you must prove the four elements of negligence, which are:- Duty: The at-fault driver’s legal obligation to drive safely
- Breach: The at-fault driver’s action(s) that led to the collision
- Causation: The direct link between action and accident
- Damages: The costs of your injuries and related expenses
A Compelling Collection of Evidence Will Prove the Components of Negligence
Evidence tells the story of your car accident, including the sequence of events and the aftermath. A persuasive case file will include:- Bills and receipts
- Accident reports
- Photographs
- Traffic cam footage
- Dashcam footage
- Bystander footage
- Witness statements
- Expert testimonials
- Medical records
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A Police Report Will Prove the Costs of the Tow Are Accident-Related
According to New York State’s Department of Motor Vehicles (DMV), you must file a police report after an accident if:- An occupant of either vehicle is injured
- An occupant of either vehicle is fatally injured
- Either vehicle sustains damage of $1,000 or more
The Police Report Will Include Valuable Details and Information for Your Injury Claim
When police respond to the accident scene, they must file a report that describes the accident scene in detail. This includes information about:- Damage and injuries inflicted, including whether the car occupants needed medical care and whether their vehicles needed to be towed
- Witness names and contact information
- Both drivers’ license and insurance information
- Police-generated notes and diagrams
- The results of any tests conducted at the scene, such as BAC tests
The Tow Fee Is Only One of the Costs You Could Recover After an Accident
After an accident, your car could require towing if it is inoperable or if your injuries prevent you from driving it away from the scene. When another driver’s negligence damages your car, you could recover both the towing costs and other related expenses. Our car accident lawyers on Long Island can assist in obtaining financial compensation for:- The cost of the tow and daily storage fees
- Repairs to return your car to its pre-accident condition
- Diminished value for your car’s decreased resale value
- Replacement value if your car is deemed a total loss
Car Accident Compensation Beyond Vehicle Towing, Repair, and Replacement
The costs of your car are only the start of your financial recovery. Compensation you could obtain for a car accident includes:- Past and future medical bills
- Past and future loss of income
- Lost future earning capacity
- Treatment-related travel costs
- Disability and disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Impaired quality of life
- Wrongful death damages, if applicable
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File Your Car Accident Lawsuit According to New York’s Statute of Limitations
You have a limited time to file your lawsuit. You should note, after the trauma of the accident, the technical requirements associated with meeting filing deadlines will very likely make meeting it on your own quite difficult or even impossible:- The personal injury statute of limitations is found at New York Civil Practice Laws & Rules § 214
- The wrongful death statute of limitations is found at Estates, Powers & Trusts § 5-4.1
- Depending upon the circumstances of your case, a shorter statute of limitations may apply to your claim.
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Get Legal Support to Recover the Costs of a Tow After a Car Accident
If you or a loved one was involved in a negligence-based collision and your car had to be towed away from the scene, we will guide you through the process of getting the at-fault driver to pay to tow your vehicle after an accident. Learn more about your right to compensation for both economic and non-economic damages. Get a free review of your injury claim by contacting our consultation team at Friedman & Simon, L.L.P., today.Call or text (516) 932-0400 or complete a Free Case Evaluation form