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Incident while vehicle was in shop's possession

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Ae77h

New member
What is the name of your state? Hawaii

I took my vehicle to the dealership service department for maintenence and while they had it, another vehicle hit mine. I was not present when the incident occurred, so all I have is the account from the service staff of what happened. The manager at the dealership told me that the vehicle that hit mine was a tow truck belonging to a local towing company, and that they are trying to remedy the situation with the other party.

After months of trying to follow up with the dealership and being told they'll get back to me (and never doing so) I got my vehicle repaired and filed a claim with my insurance company.

My insurance company attempted to recover my $1000 deductible from the towing company, but the towing company was unresponsive. My insurance company then retained a law firm who was also unsuccessful and just told me that I'm on my own.

I'm now trying to decide which party I should take to small claims court. The dealership only provided me with a picture of my car parked next to a tow truck and some email transcripts stating the name and contact info for the towing company. They did NOT collect the driver's info, nor did their employee who witnessed the incident respond to my insurance company's attempts to get a recorded statement of what happened. I feel I have very little to go on if I go after the towing company, who will likely not respond or flat out deny the incident occurred.

What would be the best way to get compensated for the cost of these damages which were someone else's fault?
 


LdiJ

Senior Member
You sue the towing company.

I don't see anybody else being responsible.
I agree. But I will say, if your insurance company with all of their big guns couldn't get compensation from the towing company, the odds of you being able to collect on a judgment are slim to none.
 

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