Appellate Practice Attorney serving New York, NY
You don't have to repair the car before you sue, or ever. Even if you never have the car repaired, it is worth less due to (you claim) the tow company's negligence, and you can sue for that damages. In fact, if the defendant is not given the opportunity to examine the car before you have it repaired, you could be accused of destroying evidence (probably not under these circumstances, but it's possible.)
Answered on Feb 02nd, 2015 at 2:30 PM