Legal Question in Personal Injury in South Carolina

My truck was towed to a repair shop. While towing the truck the windshield was shattered into the front seats and the roof has dented in several place due to the whip antenna hitting the roof. The tow truck did not tell the repair shop. The following day the repair shop informed me the windshield was broken and shattered in the front of the truck, they would not work on the truck until it was repaired. I am self employed and I need my truck! The repairs were delayed by a day, due to having to get the windshield repaired before they would repair the truck. We used our insurance to repair the windshield quickly. We have several estimates to have the roof repaired by an auto body shop. The tow truck shop owner is insisting we use a specific body repair shop in Mt Pleasant, we live in N. Charleston (35+ miles away). The tow truck shop will not reimburse us for a truck rental while the truck is being repaired, it will take 2 days for the repairs to be completed. and the Tow truck company will not pay to have the truck repaired at a body shop close to where I live..... Is the Tow Truck Company in the wrong? What rights do I have?? Should the pay for a rental fee? Should they pay for the windshield repair cost? Thank you for your time and information.


Asked on 9/23/09, 12:36 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Sorry for your troubles. If the tow truck company is liable, then they should pay for any reasonable cost. It simply isn't fair that you should. You could sue them if you wanted to. But I am not sure that you would find the time and trouble of doing so worth it. You might want to ask your insurance company about this. Maybe its covered under your own insurance. If they are the ones that recommended or called the tow truck company then maybe they could make a call for you to them. Other than those options, you might want to try and talk to who ever is in charge or owns the two truck company. As with all advise on this site, I can only offer "preliminary" advise. That means that you really should have a live conversation with an attorney before making a decision or doing anything. I wish you well

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Answered on 9/28/09, 1:39 pm


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