Herndon, VA asked in Civil Litigation for Maryland

Q: Car was picked up by Manufacturer's roadside assistance towing service. Manufacturer lost car. Can I sue for lost car?

Manufacturer has told me it is on AAA. But I did not contract with AAA. I got text and voicemail from Major manufacturer stating they towed car to repair shop. But car never arrived. It has been 10 days and AAA told me to report it stolen. I never got my personal belongings. My insurance never got to assess damages to repair car. I have missed work due to requests for me to investigate where the car is by Major manufacturer and their sub-contracted AAA representative. Getting run around and blame game but I didn't lose the car they did. Now I have to deal with stolen car due to their negligence. Do I have a case?

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1 Lawyer Answer
Scott Scherr
Scott Scherr
  • Towson, MD
  • Licensed in Maryland

A: It is unclear whether your car was lost or stolen. If AAA lost your car while towing it, they would be liable for the fair market value of your vehicle, plus 6% sales tax, and tags. You may also be entitled to a rental car for a limited period of time. I do not know how they could lose the car. AAA has insurance.

If the car was stolen, you should make a claim under the comprehensive coverage of your policy. You will have to pay a deductible, but the rest of the claim should be covered.

The manufacturer would be liable if the car was lost only if they or their employees towed your car. If they hired AAA, AAA is an independent contractor and they are not liable for AAA's negligence.

If the car was towed to the repair shop and then disappeared, then it was stolen and you would need to make a comprehensive claim under your policy.

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