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Property Damage in Backyard by Towing Company in Kingston Ontario?

Discuss anything to do with property law - buying, selling property

Property Damage in Backyard by Towing Company in Kingston Ontario?

Postby aethelbert35 » Wed Dec 21, 2011 10:24 am

A local towing company recently pulled into my backyard (I did not call them), running over a stack of tent poles to a brand new tent worth ~220 dollars.

What kind of laws apply and what should they be liable to pay for compensation?
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Property Damage in Backyard by Towing Company in Kingston Ontario?

Postby voliny13 » Wed Dec 21, 2011 10:25 am

All towing companies are insured. Just make a claim for your damage with them. Their insurance carrier will contact you.
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Property Damage in Backyard by Towing Company in Kingston Ontario?

Postby marmion » Wed Dec 21, 2011 10:33 am

Oklatom has it technically right, as a direct answer to your Q . . . however I would like to add a thing or two.

I would suggest you call the tow truck company and ask them if they are willing to pay for the damage they caused (don't overcharge them - for instance: if the tent poles were all that was damaged, find out what it would cost to replace them, not the whole tent). You'll have to call them to get insurance info anyway. I have been a heavy haul trucker for many years and have paid for a lot of damage (only one which was "my" responsibility - one of my drivers) just to keep insurance companies/police (for ticketable offenses) out of the picture. This is best for everyone, IMO.

I would also take pictures and document the damage as much as possible (describe in writing what the damage was and any details about the situation you can see or think of). This is in case of any challenge to your claim whether by the towing company or its insurance carrier.

You'll need to use haste in all this. If you need to call the police (if tow company is not completely cooperative about paying willingly), they will want you to have called them immediately. They should make out a report for the record and still let you and the tow/insurance companies settle it between yourselves, if possible. The police report is back-up for you (leverage), I do not believe they will ticket the driver unless you press the matter. You could ask them about this when/if you call.
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