I would say of all the work I do for tow companies, down time claims are the ones that get tow companies the most fired up. The scenario goes like this: a tow company’s vehicle is hit in an accident and is out of commission for a few weeks. In addition to the damages to the actual tow truck, the tow company also submits a claim for the revenues the truck would have generated had it not been out of commission. This is the “down time.”

I bet I get at least one call a week from a tower wanting help on recovering a “property damage” claim. The term “property damage claim” means different things to different people. It could be a tow truck getting hit and damaged. It could be someone running into a building. However, when I think property damage in the context of a towing claim, I think about the scenario where there has been a motor vehicle accident and a third party’s “property” has been damaged.

One of the first questions I am asked by new tow clients seeking to collect an unpaid tow bill is almost always “if we win, does the other party have to my legal bill?” The answer is usually no. Truth be told, I don’t find this rule of law to make a whole lot of sense to me. However, the “American Rule,” where everybody pays their own legal fees, is alive and well. As a result, suing to collect a light duty tow bill often becomes cost prohibitive. Lawyers are not cheap. If a tow invoice is $500.00 or $600.00, a lawyer’s fees to collect a bill might very well exceed the cost of this invoice.