Do I owe even thought they were not timely as told

Micah

New Member
Jurisdiction
Michigan
So, I will be brief but I want to state everything.
I needed my truck towed today (non emergency just needed to get work done at a shop).
I called the local tow company at 2:48PM and they told me it would cost $129 in total and that they were currently cleaning up a collision and estimated they would be there in an hour (3:48). I then called at 4:20PM (an hour and a half later, 30 minutes past estimated time) and they told me that they were finishing changing a tire on the south side of town (15-20 minutes from me) I then waited and waited until 5:30. At this point I had to leave so I left a note in my truck saying thank you and that I have been waiting so I had to leave. The tow driver then called me at 5:48 (an hour and 28 minutes after being told they were finishing a tire change 20 minutes at most away from me) He told me he couldn't find it, he was on 50th street rather than where I was on 60th st (5 mile difference). Honest mistake it's okay, I get it. Problem is I needed to get it at the mechanics by 5:00PM. And by the time the driver got to the mechanics he called again at 6:47PM saying the guy there was refusing it. The mechanic didn't have a place to put it since it's a small shop and had to get working on other project since it was already an hour and 47 minutes past 5PM. It easily could have gotten there if it was picked up from me by 4:30PM (which was still 45 minutes past when they said they could be there) Either way they didn't get it there until near 7PM which was a total of four hours between when I called and when they got there. After the mechanic refused to take it the company (not the driver) called me asking what was going on. I explained just like I did here (not as lengthy but the story summarized) and they brought it back to their office/lot. Problem is they want me to pay for the tow there and the tow back coming to over $300. To me it does not seem I should have to pay all that only for when it gets to the mechanics' at most.
Timeline:
2:48 Called and was told it would be roughly an hour
3:48 Supposed to arrive
4:20 Called again told they were finishing a tire change 20 minutes from me
5:48 Driver called saying he was on wrong street five miles away
6:47 Driver arrived at destination
6:52 Company called me saying they were bringing it back to their lot
Asking for opinion and also how I get leverage back since they have my truck now likely behind a fence. Any suggestions are appreciated and I apologize for the length. Am I obligated to pay the whole bill even though they were 2 hours past when they said?
 
I'll think through this problem. Let's first establish that the estimated time of arrival for an ad hoc call is just an estimate subject to change. You can cancel the service any time prior the same way their estimated time can change.

The first issue that would likely be examined if this went to small claims court is whether you informed the driver about your 5pm deadline when you contacted the company? At some point prior to 5pm it would seem that you should have known and would need to inform the towing company that you wouldn't need the tow. But it seems you still accepted the tow and made a mistake in assuming that the mechanic would accept the car even after that time. So I'm inclined to think you bear the risk of loss.

Next issue: did the towing company make any reasonable effort to reach you after they were unable to deliver? How much of an effort? As you tell it, it's difficult to say what they did but it is end of day. The driver didn't know what to do and probably should have called you directly if he could have. This would be your point to use for negotiating below the $300+ they wish to get paid. Considering that you'd have needed them to tow it elsewhere if they had called you, you would also bear that cost as well. So my thinking is you're likely going to be responsible to pay the towing company something, perhaps you can negotiate an amount slightly smaller than the sum total.

No one knows for sure exactly how a court of law might rule but I wouldn't go into your discussion with the towing company believing that you have leverage. Perhaps an argument for some mitigation, but that's about the extent of it.
 
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