Is he liable? How do I get him to pay??

[WendyDarling]

Jurisdiction

Colorado

Hello! My name is Wendy. We recently had 2 cars and a motorcycle break down. I was going on my 3rd tow in a week (my birthday week too) we had just had a snow storm and the truck was nearly 30 miles away. I thought it would cost a lot so my friend told me maybe her neighbor can tow it for me.... This man named Sam is a mechanic, not a tow driver but has a trailer so he can tow. I contacted her neighbor, though have only corresponded via text with his wife. We scheduled the tow for the next afternoon. Truck was picked up and while in route THE HOOD FLEW OPEN. He was driving at least 50 mph so there is some damage. The hood won't close, we need new hinges and when the hood flew up he strapped it down now there are dents in both front end quarter panels. I paid this man $50 to bring me back a truck with $1000+ worth of damage! My boyfriend was extremely angry with the situation. Asked this man what happened and where his insurance is. HE THEN SHRIGGED HIS SHOULDERS, proceeded to instead the vehicle and IGNORE MY BOYFRIEND. The only thing he did say was "don't worry about it" meaning the tow cause of the conflict he had created, he pouted while saying that so I said "No, I hired you to do this job so..." I have contacted them regarding this issue so we can find a solution! Our truck hasn't moved since the tow! My boyfriend lost a job cause his bike broke down on the way and no transportation. I even suggested they simply buy us parts so that would mean we would cover labor and the side panels dents we really aren't even worrying about right now I got an estimate without the side panels damage and it is $1300. The hood was not secured and closed properly. Tow driver OR NOT every vehicle MUST BE SECURED. The hood has never flew open on us before, not once! I have still never spoken to Sam, no insurance info was given to us and she lied about all of this! They said if the truck starts up its $60/tow if it doesn't, it's $80 well the truck started up so he drove it on the trailer and as she said "there was no need to check the hood since the truck started up" in a later email she then tells me they did check the hood and that is is a hinge malfunction and to seek help elsewhere. Morally they are SO WRONG but what about legally can someone please help me?? I am thinking we will just have to buy the parts and do this ourselves but I would like to be reimbursed! I have offered mediation programs THEY JUST DONT WANT TO PAY A DIME! Should I fill out papers for a civil suit??

Thank you. Any advice IS GREATLY APPRECIATED

 

[adjusterjack]

what about legally can someone please help me??

Sorry, but I don't see any legal liability on the part of the person who towed the vehicle.

1 - Towing a vehicle on a trailer at 50 mph is perfectly reasonable. No negligence there. I've towed vehicles on a trailer at 70 mph without anything bad happening.

2 - It was up to you or your boyfriend to make sure the hood was latched properly. The guy who towed it is correct. The truck started and was driven up on the trailer. He had no more obligation to check the hood latch than he did to check the oil, water, or air in the tires. And if he did check it and it was OK at the time, it could have been a malfunction. You aren't really going to be able to prove otherwise.

Should I fill out papers for a civil suit??

Up to you.

 

[WendyDarling]

Sorry, but I don't see any legal liability on the part of the person who towed the vehicle.

1 - Towing a vehicle on a trailer at 50 mph is perfectly reasonable. No negligence there. I've towed vehicles on a trailer at 70 mph without anything bad happening.

2 - It was up to you or your boyfriend to make sure the hood was latched properly. The guy who towed it is correct. The truck started and was driven up on the trailer. He had no more obligation to check the hood latch than he did to check the oil, water, or air in the tires. And if he did check it and it was OK at the time, it could have been a malfunction. You aren't really going to be able to prove otherwise.



Up to you.

Thanks for the quick response. Though it is Not exactly the answer I was hoping for. I was told my an experienced tow driver that since the vehicle was in his hands LAST does add some type of liability. But comparing checking a hood with checking the oil, is not the same thing. I wouldnt expect the oil or anything else to be checked but HOOD, TIRES, TRUNK, straps, connection, basically anything that would open, I WOULD HAVE! The speed he was driving wasn't an issue. This is so frustrating, I feel like Im really being screwed over.

Thanks again.

Wendy

Ps: Anyone else have an opinion????

 

[adjusterjack]

But comparing checking a hood with checking the oil, is not the same thing. I wouldnt expect the oil or anything else to be checked but HOOD, TIRES, TRUNK, straps, connection, basically anything that would open, I WOULD HAVE!

Then that's the kind of issue you put before a judge.

 

[army judge]

Thanks for the quick response. Though it is Not exactly the answer I was hoping for. I was told my an experienced tow driver that since the vehicle was in his hands LAST does add some type of liability. But comparing checking a hood with checking the oil, is not the same thing. I wouldnt expect the oil or anything else to be checked but HOOD, TIRES, TRUNK, straps, connection, basically anything that would open, I WOULD HAVE! The speed he was driving wasn't an issue. This is so frustrating, I feel like Im really being screwed over.

Thanks again.

Wendy

Ps: Anyone else have an opinion????

It appears he has no interest in discussing this matter.

If you have FULL insurance coverage your insurer might help you.
If you have less than full, that's another window closed.

As suggested, your only play might be to take the matter to small claims.
Don't get excited, because that result is usually more frustrating.
Even if you were to prevail the likelihood of collecting $1.00 is small, very small.

Plus, you'd have to spend more money chasing what you believe he owes you.
You are truly in a pickle.

 

[WendyDarling]

Yeah this is eating at me. I KNOW he should have properly secured the vehicle. I need others to see that too. Pretty much everyone I speak to think the same but the driver and his wife. They are not working with me at all. It seems like I may have to force them. That's why I need and want to know more... He knew he was at fault! And as I said refused to take payment. I closed the hood. There was a spring time snow storm that day it was cold and my clothes were soaked. The grill cover fell off as soon as I attempted to open the hood. This doesn't interfere with the latch or clusure of the hood in anyway thankfully and actually made the truck look in worse shape so I feel it definitely should've been CHECKED. Even a push, Come on, think if any of you have even pushed on the hood a time or two? Make sure it's closed!

It appears he has no interest in discussing this matter.

If you have FULL insurance coverage your insurer might help you.
If you have less than full, that's another window closed.

As suggested, your only play might be to take the matter to small claims.
Don't get excited, because that result is usually more frustrating.
Even if you were to prevail the likelihood of collecting $1.00 is small, very small.

Plus, you'd have to spend more money chasing what you believe he owes you.
You are truly in a pickle.

 

[mightymoose]

Unless the tow driver unlatched the hood for some reason and failed to secure it properly I don't see liability. You'll never be able to prove that he opened the hood.
A claim through your own insurance should cover this.
Had you used a legitimate tow company you might have more options.

 

[hrforme]

Is he a licensed bonded tow truck driver or just your friend's neighbor that you were trying to get a cheap tow? Why did you not call a real tow truck whose employee would have a hookup checklist? Sounds like you chose the wrong person and I doubt he has any insurance coverage (did you ask before requesting that he tow you?)