Legal Question in Civil Litigation in Wisconsin

My car was towed through my insurance company's road side assistance program. When their towing partner arrived they towed my all-wheel drive vehicle away with a front lift tow truck. I now understand that a flatbed or Dollie system is required with these vehicles. The truck driver did eventually install dollies and the car arrived at the dealership in that condition. Once the pre planned repairs were complete I picked up the vehicle and noticed a knocking sound. The dealership said the rear differential was cracked apart and the damage was consistent with it being towed improperly. The roadside assistance company claims that dollies were added to the work order two minutes after arrival, and as such there is no evidence of damage caused on their end and refused liability. I am now stuck with no vehicle and not sure where to go next. If small claims I am not sure of what kind evidence and what the best case to make would be. They took two and a half weeks to reach this decision and I am dumbfounded at the moment.


Asked on 8/10/15, 8:46 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

If your auto insurance roadside assistance package does not cover towing damage, the only thing left for you to do is to sue the towing company, assuming that you can prove the case, which will require expert testimony or the issue of causation. You will need a lawyer for complex litigation of this nature, although the lawyer might also be able to same you the cost of the lawsuit, if he can persuade them to pay without suit.

If any answer is especially helpful for you, feel free to select the best answer option to recognize the lawyer�s free of charge efforts here. Also, answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials. .

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Answered on 8/13/15, 5:23 am


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