Legal Question in Civil Litigation in Florida

Towing accident

A month ago I was getting my car towed to be fixed. The driver of the tow truck failed to properly secure my car and it fell off the side of the truck, causing it to be a total loss. It also caused over $1500 of damage to a city light pole, and the driver was issued a citation for failure to secure a load. Their insurance company offered me $2800 for my car, which I still owe $1400 on. My car cannot be replaced for $2800, not even close. The retail value is $4500-$4900. We are considering filing a lawsuit against the towing company for the replacement cost (retail value) of my car, plus lost wages and other related expenses we have incurred as a result of his negligance. Is this a worthwhile lawsuit?


Asked on 6/15/04, 2:31 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Towing accident

The insurance carrier should pay you replacement value, but it is looking to pay you lowest black book value. You may want to retain an attorney to negotiate a better deal for you. I do not believe you have a viable lost wages claim, but rather, only a property damage claim. As for the city light pole, that is not your responsibility. Good luck.

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Answered on 6/15/04, 2:41 pm


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