RedlineAZ

iTrader: (2)

So this past week I required my car to be towed. The tow company that came, immediately started hooking up the car to be placed on a flat bed. I didn't want to be annoying, but I warned the driver about my wheels, and that I didn't want him to hook anything up to them (because I have seen some tow companies place hooks on the rims to keep the car tied down while driving). I then let the driver do his job, expecting and assuming he would use wood blocks and the front tow hook because the car sits so low. He did not. He also didn't even ask for the front tow hook. I didn't say anything because most drivers are experienced and find it annoying when people tell them how to do their jobs. I decided there's a good chance hes going to scrape the bottom of my front bumper on the tow bed, so I pulled out my cell phone camera ready to record a video if the lip touched the bed of the truck. I recorded a video of my front bumper dragging along the tow bed, and filed a claim with the tow company after.

The tow company was very upset that I had recorded a video, and that I filed a claim for the scrapes on the bottom of the lip. They immediately questioned me (on a recorded phone call) as to why I didn't tell the driver he was damaging the car, and how do they know that there was no preexisting damage to the lip, and what EXACT damage occurred, and on which parts of the bumper (be very careful how you answer that, because if you describe any less damage on the bumper then there actually is, they will try to say the rest of it was preexisting because you didn't describe it to them).

Here is some steps to take in case you are ever in this position:
1. MOST IMPORTANT STEP Record a video of the damage taking place, showing the complete bumper as its being scraped, and take detailed photos
2. Call the Tow company after it is dropped off, you are NOT obligated to inform the driver at the time of the incident.
3. Inform the tow company that you have a video of the damage occurring, and they need to send someone to inspect it at the location of YOUR choice, not theirs.
4. Immediately email them a recap of all conversations, so there is a paper trail in the event they try to deny fault.
5. If they try to blame any damages on you, inform them that you have the video of the damage as its OCCURRING during the tow, and ask them if they have any pictures or if they did any previous inspection of the vehicle prior to the tow, proving that there was any previous damage on the bumper. (They will not have any).
6. Get a written estimate for repairs by the shop of your choice, and submit that info to the tow company. If they try to low ball you and not pay the exact amount of the estimate, decline any offers that are short of the cost of the estimate to repair.
7. Inform the tow company that if they do not want to take responsibility for their actions, you will contact your lawyer, with the video and evidence you have obtained. You should also inform them that you will file a BBB complaint, and if the tow company was called by the police or your insurance, that you would be filing a complaint with them as well.
8. They will try to intimidate you and say that the video doesn't prove anything, but once you mention the above, their attitudes will completely change, and they will write you a check or pay the shop of your choice directly for the repairs.
9. Do not let them bully you into thinking you do not have a claim, or that they are not responsible for the damages. Be careful of what you sign at the time the car is dropped off, because the receipt will usually have something on it releasing them of any damages done to the vehicle.
10. If they still don't want to take fault, contact your insurance company and open a claim with them, submitting any evidence you have to them and they will cover your repairs and pursue action for reimbursement from the tow company. If you don't want a claim on your own insurance, ask them for their company insurance info and open the claim with them instead, or contact your lawyer and go that route.

If you have a video of the damage occurring, they have absolutely no choice but to cover the cost of the damages that occurred due to the negligence of their driver.

Questions to ask in case of denial of fault:
1. What are the drivers qualifications to tow
2. Why didn't the driver use the front tow hook
3. Why did the driver not use wood blocks while loading a lowered vehicle
4. Why Should I have to tell your driver how to do HIS job (they get pretty speechless when you ask them that one lol)
5. If your driver or your equipment isn't capable of towing a low sports car without damaging it, why didn't they refuse the tow?
6. Why didn't your driver do a pre-tow inspection proving there was no preexisting damage the vehicle?

Basically if you take the above steps when your in this position, you can rest assured knowing you will be compensated for any damages that occurred to your car caused by the tow company! I wrote this so that anyone who finds themselves in the same position, can take the right steps to avoid getting screwed for damages they didn't do.

1BadAssG

This deserves a sticky. Very well written and nice to know.

Did they cover your damage?

dopetime

iTrader: (4)

dang this stuff is heavy duty!

bocifus715

Very helpful! I'm going as far as to copy and paste this on a Word doc for quick reference. Thanks!

Lt8Che

iTrader: (6)

Very well put information and a great warning / learning device.

Tazicon

iTrader: (1)

Thanks for the information, I second this being stickied!

_ant_

iTrader: (4)

very informative post, thanks man

Presto

very useful info but what if there is some note on the receipt releasing them off all damages to the vehicle? refuse to sign it? but then you will have to inform the driver of the damage done correct?

Black Betty

iTrader: (60)

Well stated. I had a similar problem recently. The first time I had the car towed, the driver was an idiot and damaged my Top Secret front lip and my OEM bumper when taking my car off of the flatbed. I made a video of him loading it (no issues) and wrongfully presumed that he would unload it in the same way and not cause damage so I didn't video as he unloaded it. That's when he screwed it up. I got photos of the damages but it is a big hassle. Of course he denied the damages were his fault. Long story short, I got screwed with the repair costs myself. But karma is a bitch, I'm certain something tragic will befall him or his equipment in the near future.

The next time I had it towed (obviously I called a different company) the driver was a real pro. He know what he was doing and had absolutely no problem with me making a video of the whole thing. Hookup, loading, securing, transport, unloading, unhooking. I had no incident but I would have been protected if I had.

Another thing to add to the first post. Be sure to tell the wrecker company when you call for a tow if your car is lowered. Ask them if this is a problem. This way the driver should have the proper blocks to load/unload it. Tell them up front that there will be hell to pay if your car is damaged in any way. Be sure to ask for a driver who is experienced towing lowered vehicles. When the driver arrives, ask him if he is experienced towing lowered vehicles. Ask him if he anticipates any issues with your car or if you should call someone else. Video, video, video!

RedlineAZ

iTrader: (2)

Thanks guys! I really appreciate it! And to answer the question of if I was compensated for my repairs, YES. That's why I wrote this up for you guys, so you guys can know what to do in the event you do need a tow, and if damage does occur, you take the right steps to make sure they pay for your repairs.


In this situation, its kind of iffy. I would refuse to sign it, letting him know that he scraped your bumper and you want to speak to his manager before you sign anything. Tell him you are more then willing to sign a receipt, but not one releasing them of any damages caused, because they scraped your bumper during the tow. Or I would agree to sign the receipt, if he personally crossed out the portion that says "you release us of all damages etc" and he signs it next to where it was crossed out, and pencil in a little note saying front bumper damage caused by tow. They are written on carbon copy paper, so you will both have a copy of that. Or a 3rd option is call the local police and let them know of the situation and more then likely they will allow you to not sign it, and write a report for you that you can present to the tow company informing them of the reason you did not sign the receipt.

The whole point is you need to pay them for their services, and reassure them that you intend to, because if you don't they will bring up a point that they were not paid for any tow services so they aren't liable for anything done to your vehicle.

htran16

iTrader: (4)

Sticky worthy...

Also, does most tow companies make you sign something and it would say that they are not liable for any damages? or is it something rare to see?

RedlineAZ

iTrader: (2)

I am not a lawyer, so this is not legal advice. But this is what happened to me, and how I handled it and I was compensated for the damages that had occurred to my G from the tow company. I hope none of you are ever in this position, but if you are these tips could save you hundreds to thousands in repair costs that are not your fault.

RedlineAZ

iTrader: (2)

Thanks man!

I think its a very common thing, most tow companies try to cover their backs as much as possible. But if the release is on the same paper as the receipt, that leaves you as the consumer no choice but to pay them and not sign, or not sign at all and they don't get paid. I wish there was a lawyer on here that can chime in and say if signing a receipt for payment with a release on there would still allow you to collect for damages if you had no other choice but to sign due to the fact that it was a receipt allowing them to charge your credit card the amount of the tow, and that you weren't trying to "steal" services from them. Mine had a release, and I did sign it, but that never came up during the arguments. I'm not sure if they forgot, or if they just would rather have paid the $750 to repair the car because they knew I was going to sue, file a BBB complaint, and a complaint with the Highway Patrol that subcontracted the tow work to that tow company, or contact my insurance and have them go after the tow company for the repairs. I don't know if they wanted to avoid the headache, forgot about the receipt, or if it didn't matter if I signed it or not because they still damaged the car and were responsible, or if they knew they would lose more in business then the cost of my repairs because I was very adamant about the fact that I was going to go to great lengths to let the public know about the type of horrible service they provided.

911turbo

iTrader: (3)

I just read the whole thing. And mod please please sticky this thread! this is some helpful stuff!

RedlineAZ

iTrader: (2)

I also forgot to mention the reason I did not tell the driver he was damaging the car at the time it was occurring. The driver would have immediately lowered the vehicle back down and I would not have had video evidence of him damaging it in action. He then would have denied any sort of claim that I made about him damaging it because I wouldn't have had evidence of that from the beginning. Another good thing to do is take pics of the bumper BEFORE the tow company arrives (most cell phones allow time stamping) that way you have clear before and after pics if needed. But if you do video tape them doing the damage, you don't have any obligation of proving there was no previous damage because you have your evidence of them damaging it, but they don't have any sort of evidence that it was previously damaged before hand.