A lid on the pickup came off while being towed by a wrecker. It was ran over by a 18-wheeler and damaged beyond repair. The wrecker driver claims it is not his fault because the lid was not locked prior to him towing. Is the wrecker driver liable or am I at a complete loss?
2006-10-28 05:57:57 · 6 answers · asked by Jim W 1 in Cars & Transportation ➔ Maintenance & Repairs
Okay, I own and operate a wrecker service and repair shop. The minute I hook a car to the wrecker, I am responsible for anything that happens to it, and liable for any and all losses. That's why we pay so much for our insurance. The driver needs to do a walk around and MAKE SURE everything is secure before he ever puts the truck in gear. If the driver isn't being cooperative, call the owner of the company. Before you call, find out what it will take to make you whole as far as the cost of the part, and tell them what you need from them. No, you are not at a loss at all, as long as it happened on the back of the tow truck they are. Take it to court if you have to, you WILL prevail. If you can, get their insurance information, if they won't give it to you, involve the police.
2006-10-28 06:05:20 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Depending on the laws of the state, and the reason for the tow, the wrecker driver/company is liable.
It is their legal responsibility to make sure that the tow is being conducted safely. You are not the one that hooks the car up to the tow truck, they are.
I would definitely sue them, send them a certified letter stating your intentions and your belief that they are 100% responsible for the safety of the vehicle and the other drivers on the road. Request information on their liability coverage & company and send in your proof of damages to the insurance co.
If the insurance company refuses to pay, or the tow company refuses to release the information, and the amount is below your statuatory maximum, take 'em to small claims court.
The driver is a moron, had the hood killed someone, I can't believe he would not think it was his fault.
2006-10-28 06:10:59 · answer #2 · answered by Gem 7 · 0⤊ 0⤋
If it can be proven that the accident was reasonablly forseeable, then the driver and possibly the towing company are liable. There might also be a case against the car manufacture if there is anything faulty about the car or lock causing it to fall off.
2006-10-28 06:02:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
except the motive force is the owner of the organization that dispatched the truck, it really is considered good type and manners to furnish a tip. i'd recommend $ 5.00 as a good tip. If the motive force refuses the top, in basic terms be gratious and thank him. i may write a short be conscious to his organisation putting ahead that he did a good and specialist activity.
2016-12-05 07:55:11 · answer #4 · answered by ? 4 · 0⤊ 0⤋
He should be liable. He should have checked the security of your vehicle. Send him a bill or Sue his a**.
2006-10-28 06:00:24 · answer #5 · answered by Papa 7 · 0⤊ 0⤋
you should of locked it.
its not there fault. thats you fault.
hes just towing it.
2006-10-28 05:59:34 · answer #6 · answered by mommy2savannah51405 6 · 0⤊ 2⤋