what's the law say? tow truck company damaged my car...

[needadvice56]

What is the name of your state?HI

A tow truck company damaged my car when my car was in it's yard. The car was in there from an accident, so the insurance adjuster took pictures of the entire car. The damage happened after the insurance adjuster took the pictures, so we have proof that the tow company damaged it. The tow company agreeded to pay for the damages... but they are making it extremely difficult and I think they are breaking some law.... they said they needed 3 estimates... I got that... they said they would pay the lowest estimate.. that's is fine... the estimate totaled $5xx dollars... I already have another bumper to replace it... but still want and deserve to get paid out for them damageing my bumper.... they said they would only write the check out to the body shop and they also needed the old bumper (the estimate was for a replacement bumper).... and they will hand the check over after the body shop fixs the bumper and they have to take pictures of the newly painted bumper before they pay out. By law can they make me go through all that to get paid out? or am I entitled to a settlement right now?? if some one knows the law could they give me some advice, it would be greatly appreciated.

tell them you will see them in small claim court if they do not give you the check right away. Do not say anything more, chances are they will change there tone really fast. If they do not sue them.

[needadvice56]

if they still say they won't pay until the body shop fixes the car... will I win in small claims court?... what law are they breaking?

Originally Posted by needadvice56

if they still say they won't pay until the body shop fixes the car... will I win in small claims court?... what law are they breaking?

they damaged your car, they admited fault, there is no law that says you must repair the car, you an take the money and drive with damaged car. Also do not give them the bumper as there is no reason for them to have it. Basically they break a promise to pay after assuming responsibility, you have 100% of winning. Make sure you bring all evidence that you have that they are guilty and if they gave you something in writing that says they will pay make sure to bring that in to court also.