Tow Truck Responsibility for Car Damage

Bob27834

New Member
Hello,

I was wondering if you could kindly help me.

I own a 1989 pickup truck and while driving the car 11 days ago the battery ran out.

I called AAA and the AAA driver told me that the battery was okay, but that the alternator was not working.

The tow truck driver hooked and attached my pickup truck to his tow truck, and started towing the car to the nearest repair shop.

After the tow truck had driven about a block, the tow truck driver and I heard a huge noise.

We looked back and noticed that my car had become unhooked and detached from the tow truck and my vehicle had smashed into 2 cars that were parked on the sidewalk.

All 3 cars incurred substantial damages.

After the accident, the tow truck driver towed my pickup to the tow truck company's lot instead of the repair shop.

My car has been in the tow truck company's lot for 11 days and the insurance company for the tow truck facility finally called a few days ago to tell me that the adjuster had seen my car and had come up with an estimate.

I was told that it would cost $5,000 to repair my car, but that the vehicle's value is only $2,400. Thus, they want to "total" my car.

The insurance company told me they will contact the tow truck company to see if the tow truck company would pay the $2,400, or whether the tow truck company wants the insurance company to pay the $2,400.

I told the insurance company that I would like to keep the car.

The insurance company said that if they pay the $2,400, they won't allow me to keep the car.

They added that if the towing company pays the $2,400, I would have to negotiate directly with the towing company to see if they would be willing to let me keep the car.

I am deeply disappointed because I really like the pickup truck. Just last month I spent $1,400 to have a rebuilt transmission installed and I spent $150 for an engine mount.

I also installed 4 brand new tires on the car about 6 months ago and a rebuilt engine about 3 years ago.

I had a few questions.

1. Is there anything I can do to keep the car?

2. What formula does the insurance company use to determine the value of the car?

I think the car is worth more than $2,400 particularly since I spent so much money on it recently.

Since it's a 1989 Nissan pickup, I can't find the blue book price online. (I couldn't see anything for cars that are that old).

3. I think the car still drives okay since I don't think it incurred any mechanical damages and had only body damages.

Can I ask them to do only $2,400 repairs on the car and then return it to me?

I don't mind driving a damaged car, as long as it drives okay.

4. How safe is it to leave the car in the tow truck company's lot?

I'm afraid they may damage the car while it's in their possession.

5. My pickup truck has been in the tow truck company's lot for 11 days. It's been 3 days since the insurance company told me that they would see if the tow truck company would pay the $2,400, or whether the truck company wanted the insurance company to pay the money.

How much time do they normally have to resolve this issue? Is there anything I can do to get them to resolve this matter soon?

6. Do I have any other recourse against the tow truck company?

They caused me a lot of damage in terms of time, inconvenience, hassle, and the loss of my vehicle.

The tow truck driver didn't seem to know what he was doing since he had to try 3 times to hook my car to his tow truck.

After the accident, I noticed that he had not pulled my car's emergency brake when he was towing my vehicle.

When I went to their lot to pick up some personal stuff from my truck, I was told by an employee on the lot that the driver was new since he had been hired only two days ago.

The tow truck company is an independent contractor that works with AAA.

Can I ask AAA for help in resolving this matter?

Any feedback advice, information or guidance would be deeply appreciated.

Thank you for your kind attention, time and assistance!
 
Your options are as the insurance company explained them to you.
You could waste more time by suing in small claims court, only to receive about $2,500, assuming you prevail.
It isn't about what eh car is worth to you.
Its only about what the book value of your car.
You could accept the $2,500, then attempt to buy teh car back from the insurance company.
But, that takes you back to where you are today, with a busted, broken, battered vehicle.
The legal principle at play here is, you being made whole.
You can only recover the value of your loss.
Your loss is not what you believe it to be, but what an average buyer would pay to buy your vehicle.
That is determined to be about $2,500.
Good luck.

Here's the NADA value of a 1989 Nissan/Datsun pickup

Average values: Average purchase price NEW: $10,999 Low value today: $2,125 Highest value today: $3,350 Retail price today: $4,700

http://www.nadaguides.com/classic-cars/1989/nissan-datsun/pickup/special-4x4/values
 
Last edited:
Back
Top