“A tow truck damaged my car. What do I do?” Take photos before the car moves again, report the damage to the tow company in writing, get a repair estimate and call your own insurer. In Kansas you have two years to bring a claim for damage to personal property, but the first hour matters most. That is when proof is easiest to collect.
If your thought is “a tow truck damaged my car and I do not know where to start,” this guide gives Wichita drivers seven steps in order. It is general information, not legal advice.
Tow Truck Damaged My Car: 7 Steps
1. Take photos right away
Photograph the damage before the car is moved again. Get wide shots that show the whole car and close shots that show each mark. Include the truck, the straps or chains and where they touch the car. Take a photo of the odometer. Your phone stamps the date and time on every picture.
2. Tell the driver and write it on the paperwork
Point out the damage to the driver before you leave. If you are asked to sign a receipt or a release, write a short note on it first, like “front bumper scraped during loading.” Keep your copy.
3. Collect the details
Write down the company name, the driver’s name, the truck number or plate, and the date, time and both addresses. If you did not choose the company, as in a police tow or a private property tow, this is how you find out who to contact.
4. Find proof of what the car looked like before
This is the hard part of any tow damage claim. Look for:
- Recent photos on your phone that show the same area of the car
- Dash cam or doorbell video of the loading
- Photos the tow driver took before loading. Many companies take them, so ask
- A recent repair order or inspection that lists the car’s condition
- Photos from a crash report, if the tow followed an accident
5. Report it to the tow company in writing
Call the office, then follow up by email or letter so there is a record. Say what was damaged, when, and attach your photos. Ask for the name of the company’s insurance carrier and how to file a claim. A professional company will tell you how its claim process works.
6. Get a repair estimate
Take the car to a body shop or mechanic you trust and ask for a written estimate. Ask the shop to note what it thinks caused the damage. A line like “scrape consistent with contact during loading” carries weight.
7. Call your own insurer
Report it even if you expect the tow company to pay. If you carry collision coverage, your insurer may fix the car and then go after the tow company for the cost. Ask your agent how your deductible is handled in that case.
How Towing Damage Usually Happens
Most damage comes from where the car is hooked and how it is carried. Vehicle makers say so in their own manuals. Tesla’s instructions for transporters, for example, warn that pulling a vehicle by the chassis, frame or suspension can result in damage, and that tie down straps should not go over body panels or through the wheels.
| Damage | Common cause |
|---|---|
| Scraped front bumper or air dam | Loading angle too steep for a low car |
| Transmission or drivetrain damage | All wheel drive car towed with wheels on the ground |
| Bent or scratched wheels | Straps or chains against the wheel face |
| Damage under the car | Hooks or chains on the wrong points |
| Scratched paint | Metal hardware touching the body |
| Flat spotted tires | Locked wheels dragged on pavement |
If your car is all wheel drive or sits low, say so when you book. See flatbed towing in Wichita for why those cars ride on the bed.
Do You Still Have to Pay the Tow Bill?
Many drivers ask: if a tow truck damaged my car, do I still owe the bill? Yes. The tow bill and the damage claim are two separate things. Under K.S.A. 8-1103, a Kansas tow company has a lien for its towing and storage charges and can hold the vehicle until they are paid. Storage is charged by the day, so a car left at the yard during an argument gets more expensive.
Most people pay to get the car out, keep the itemized receipt and then pursue the damage. If the bill itself looks wrong, read how to dispute a towing bill in Wichita.
If the Tow Company Will Not Pay
Start with a calm written request and a deadline. If that fails, Wichita drivers have three options.
- Your insurer. If your policy covers the damage, let the insurer handle the recovery.
- A consumer complaint. The Sedgwick County District Attorney’s Consumer Protection Division handles deceptive trade practices and fraud. Its number is 316-660-3700.
- Small claims court. Kansas Legal Services explains that small claims court is for cases worth less than $4,000. You cannot be represented by a lawyer there. You file with the Clerk of the District Court in the county where the defendant is located.
Kansas sets a deadline. Under K.S.A. 60-513, an action for injuring personal property must be brought within two years. Do not wait that long. Photos, witnesses and records are easier to gather now.
How to Protect Your Car Before the Next Tow
- Take four quick photos, one from each corner, before the truck hooks up
- Tell dispatch the year, make and model, and if the car is all wheel drive, lowered or has body damage already
- Ask for a flatbed if you are unsure
- Ask if the company holds a Kansas Corporation Commission certificate, which K.S.A. 66-1330 requires for wrecker and towing services
- Remove loose items and valuables
- Get a receipt with the company name and the driver’s name
More Questions About Tow Damage
Is the tow company responsible for the damage?
A tow company is generally responsible for damage it causes through careless work. Saying “a tow truck damaged my car” is not enough, though. You have to show the damage happened during the tow. That is why before and after photos matter so much.
A tow truck damaged my car during a police tow. Who do I contact?
The tow company that moved it. Ask the officer or the police records line which company towed the car. Our guide on how to find your towed car in Wichita lists the numbers.
What if the damage happened during a repossession?
Contact both the lender and the recovery company in writing and send your photos. The same proof rules apply.
What if I only noticed the damage days later?
Report it as soon as you see it. It is harder to prove, but a shop’s opinion on the cause and any photos from the day of the tow still help.
Can a tow truck scratch my car and just leave?
If a tow truck hit your parked car, treat it like any other collision. Call police, get a report number and contact the company’s insurer.
How Miller’s Handles It
Nobody wants to say “a tow truck damaged my car.” Our drivers check the vehicle before and after loading and secure it at the wheels or frame, not the bumper. If you ever see a problem after a tow with us, tell the driver before you leave and call our office at 316-351-4754. For towing services in Wichita, KS, you get the price before we hook up.