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Q: Damaged truck by towing company in West Virginia. Steps to file lawsuit?
I want to file a lawsuit against a towing company in West Virginia. On 04/26/25, my truck had a brake failure and ended up in a creek. Before towing, I have pictures showing it could have been pulled out without damage. However, after towing, the driver's side was busted, the bed was loose, and the frame twisted, breaking the leaf springs. We paid $855 in cash on 05/02/25 to get the truck back, noticed the damage, but have not yet contacted the towing company or received any estimates. My husband's work truck is unusable now because of their negligence. What steps should we take to address this legally?
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James L. Arrasmith
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A:
I’m really sorry this happened — it’s incredibly upsetting when someone else’s actions damage your property, especially when it’s a work truck your family depends on. If you have photos of the truck before it was towed and evidence showing the extent of the damage afterward, that gives you a strong starting point for a claim. Right now, it's important to gather all the documentation you can.
First, get a written estimate from a trusted mechanic or body shop showing the cost of the damage, especially anything related to the busted side, bed, frame, and leaf springs. Then write a letter to the towing company detailing the incident, attaching the estimate, photos, and a request for compensation. Keep a copy for yourself and send it by certified mail so you have proof it was received. If they refuse to respond or deny responsibility, you can file a complaint in small claims court for the damage and possibly the towing fee as well.
You’ll also want to bring any proof of payment, photos from before and after the tow, and a timeline of what happened. In West Virginia, small claims court can handle these types of property damage disputes without the need for a full legal team. What matters is that you’re clear, organized, and persistent. You didn’t cause the damage — and you shouldn’t be left paying the price for someone else’s negligence.
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