Frame Damage While Being Towed - Need Advice and Input

Well guys, I'll let the pictures speak for themselves...

In short, driver loaded up the car, attached the tow hooks to the frame, tightened the hell out of it, and this was the way it showed up to the house:

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Driver had the nerve to say that's how it was when he hooked it up. Funny, because my wife said the first thing he did was unhook the rear hooks and made a phone call. I showed up right as he was starting to unhook the fronts. Took every bone in my body to keep myself calm, but I did.

I have a AAA investigator coming tomorrow, how would you guys handle the legal side of this? My gut says it'll be totaled... Completely bummed.