Who is responsible if a tow truck damages the vehicle?
2 Answers
What unit is responsible if a tow truck damages the vehicle? In the entire incident, the towed vehicle bears no responsibility. According to Article 93 of the Road Traffic Safety Law, the traffic management department of the public security organ may impose a fine on motor vehicle drivers who violate regulations and tow the vehicle away. If traffic police cause vehicle damage during enforcement towing, the traffic police are responsible: If traffic police cause vehicle damage due to improper operation during enforcement towing, the responsibility lies with the traffic police. According to Article 93 of the Road Traffic Safety Law, for violations of laws and regulations regarding motor vehicle parking or temporary stopping, the traffic police may point out the illegal act and issue a verbal warning, ordering the driver to leave immediately. If the motor vehicle driver is not present or refuses to leave immediately, obstructing the passage of other vehicles or pedestrians, a fine may be imposed, and the vehicle may be towed to a location that does not obstruct traffic or to a place designated by the traffic management department of the public security organ. The traffic management department of the public security organ shall not charge the party for towing and must promptly inform the party of the parking location. If a towing company causes damage during towing, the towing company is responsible: If a towing company causes damage to a motor vehicle due to improper towing methods, it shall bear compensation responsibility according to the law. For example, if the vehicle's bumper is scratched or damaged during towing, the towing company is responsible for covering the repair costs. However, it is essential to retain certain evidence to prevent the other party from denying responsibility.
As an experienced driver who frequently deals with vehicle towing incidents, I believe that damage caused during towing is usually the responsibility of the towing company due to their improper operations, such as attaching the wrong tow hook or failing to lift the wheels, which can lead to transmission damage. However, if the vehicle owner fails to prepare the car as required—for example, not putting an automatic transmission in neutral or not informing the towing driver about specific limitations—responsibility may be shared or even shifted to the owner. This depends on the details of the service agreement signed and local laws. It's advisable to take photos or videos to document the vehicle's condition before towing, choose a reputable towing company, and confirm liability terms. In case of damage, don’t panic; first, contact the towing company to file a complaint, and preserve evidence such as communication records or witness statements. If necessary, seek help from consumer protection agencies or legal channels to claim compensation and protect your rights. Taking timely action can prevent further complications.
