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Common tow truck crashes
Tow trucks crash the way other trucks do: rear-end collisions, unsafe lane changes and wide turns. They also cause crashes that are their own kind. A car on a flatbed can come loose, a wheel-lift tow can swing into the next lane, and a driver hooking up a car on the shoulder can pull out into traffic without enough room.
Sometimes the problem is the tow itself. Your car may be dropped, scraped or damaged while it is being hooked up, carried or unloaded. Federal rules require cargo on commercial motor vehicles to be contained, immobilized or secured so it does not shift or fall (49 C.F.R. 393.100). Whether that rule applies to a given tow truck is something a lawyer can check.
Who is responsible
Most tow trucks, including many that police call to a crash scene, are run by private companies. The company’s commercial policy usually pays for crashes its drivers cause while working. If a city or county owned or ran the tow truck, a written claim generally must be presented within six months before you can sue (Government Code 911.2).
Fault can be shared. If you were partly at fault, California’s pure comparative fault rule reduces what you can recover by your share but does not bar the claim. If another driver caused the first crash and the tow truck caused a second one, both may share the blame. Our page on multi-car crashes explains how that works.
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When the damage is to your car
If the tow company damaged your car, you can usually make a property damage claim with its insurer. Get a written repair estimate and photos of the car before and after the tow if you have them. In California, a lawsuit for damage to property such as a car generally must be filed within three years (Code of Civil Procedure 338).
If the damage is severe, read what happens when your car is totaled and our page on diminished value claims. Keep receipts for rental cars, rides and storage fees. If you were also hurt, the injury claim has its own, shorter deadline, so do not let the car repair delay your medical care.
What to do now
Get checked by a doctor, even for a low-speed crash. Take photos of the tow truck, the company name and phone number on the door, its license plate and anything it was carrying. Get the driver’s name and the names and phone numbers of witnesses. Write down the police report number and any claim number the tow company gives you.
In California, a personal injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure 335.1), and car damage claims generally within three years. In Washington, the general deadline for an injury lawsuit is three years (RCW 4.16.080). If a public tow truck was involved, the six-month claim rule comes first.
- See a doctor and keep your treatment records
- Photograph the tow truck, the company name, the plate and your car
- Get the driver’s name and witness contact information
- Do not sign a release or give a recorded statement before you talk to a lawyer
- Keep repair estimates, storage bills and receipts
How we can help
Tow companies and their insurers often say the damage was already there or that someone else caused the crash. We gather the photos, the tow records and the witness accounts that show what happened. Call (310) 552-6959 or use the form on this page to tell us about your case. You owe no fees or costs unless we win.
If a company car or work truck hit you, our page on company car accidents explains how employer liability works. For freeway crashes involving a tow truck at the shoulder, see sideswipe crashes on the freeway. You can also visit our California truck accident lawyer page for more on truck claims.
Common questions
Who pays if a tow truck damaged my car while towing it?
Usually the tow company and its insurer. Take photos, get a written repair estimate and ask the company for its insurance information and a claim number. In California, a lawsuit for damage to a car generally must be filed within three years. If you were hurt, the injury deadline is generally two years.
What if the police called the tow truck that hit me?
Many tow trucks called by police are run by private companies, so the claim usually goes to that company’s insurer. If a city or county owned or ran the tow truck, a written claim generally must be presented within six months. Check the company name on the truck and the police report.
Can I still recover if I was partly at fault?
In California, yes. Under pure comparative fault, your share of fault reduces your recovery in proportion but does not bar your claim. A lawyer can look at the photos, the report and the witness accounts to show who did what, and push back if the insurer blames you too much.
Should I talk to the tow company’s insurance adjuster?
You can give basic facts like your name and the date of the crash. Before you give a recorded statement or sign anything, talk to a lawyer. Adjusters may use what you say to argue that you were at fault or that your injuries are minor.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.