Tow truck driver caused damages to my car..

[xojessie75xo]

The driver sitting in the car had 100% responsibility to maintain control of the car.

I wasn't 'sitting' in the car, I reached in to get my belongings, and that's when he asked me to release the emergency break. He didn't even know it's a manual car, either. Totally his fault!

 

[PayrollHRGuy]

Tow lines pull out of the area so that the line can be attached to the car. Then it is pulled back in and must be secured so that it won't stretch back out again. The driver did not secure the line therefore allowing the car to roll backward with the line still attached, therefore causing the front end damage.

Nowhere has the OP stated the car was on the hook. What orifice did you just pull all of that out of?

 

[bcr229]

Nowhere has the OP stated the car was on the hook. What orifice did you just pull all of that out of?

Actually if you read the last few lines of the OP it's in there, it's just that the whole incident is not very well described at all. It sounds like the car was on the hook but the tow truck driver hadn't locked down the cable so it couldn't unwind, and when the OP released the emergency brake the car rolled backward and once all the cable was off the spool the tow truck was dragged back by the moving car.

The whole incident seems odd though. I mean, a VW Jetta isn't all that big and it really shouldn't be able to budge a tow truck if it's parked even if its e-brake isn't engaged, unless the VW had one heck of a running start.

 

[Zigner]

Where does it say that he was sitting in the car? The car was already up.

I guess I just assumed that any sane driver is going to sit in the car before release the parking break. That actually makes things worse for the OP, not better.

 

[Zigner]

I wasn't 'sitting' in the car, I reached in to get my belongings, and that's when he asked me to release the emergency break. He didn't even know it's a manual car, either. Totally his fault!

Why in the world would you release the parking break on your manual transmission car without being in control of your car?

 

[mrmunchkins4]

The duty of care in this case and proving reasonable standard of care at opposing party (tow truck company) will be difficult if you are trying to claim negligent advise.

I suggest you use SEO and review sites to intimidate the owner to a partial refund. Obviously, you should avoid slander and libel, or you could be the one in legal trouble.

Make sure to read up on the contract and state and local laws. Tow truck companies have been known to act unlawfully when it comes to proper removal of alleged tresspassing veichles.

 

[davew9128]

I wasn't 'sitting' in the car, I reached in to get my belongings, and that's when he asked me to release the emergency break. He didn't even know it's a manual car, either. Totally his fault!

Let me get this straight. You drive a manual transmission, were on a grade, released the brake, didn't keep the car in gear, and complained about the predictable result? You deserve the damage based on stupidity alone. I've driven manual transmissions cars almost exclusively for 30 years, but even as a teenager this was probably the FIRST thing I learned.

 

[LdiJ]

I guess I just assumed that any sane driver is going to sit in the car before release the parking break. That actually makes things worse for the OP, not better.

The OP could NOT sit in the car because it was up. I completely disagree that that makes things worse. But heck, you have already made your mind up and aren't going to change it.

OP, talk to your insurance company and make sure that they clearly understand what happened. Make sure that they clearly know that the tow driver had already pulled the car up before asking you to release the parking break, and that you were NOT sitting in the car and that you were only reaching in to get your stuff when he asked you to do so. If they don't decide to go after the tow driver and company at that point, then so be it.

 

[xojessie75xo]

I wasn't 'sitting' in the car, I reached in to get my belongings, and that's when he asked me to release the emergency break. He didn't even know it's a manual car, either. Totally his fault!

Actually if you read the last few lines of the OP it's in there, it's just that the whole incident is not very well described at all. It sounds like the car was on the hook but the tow truck driver hadn't locked down the cable so it couldn't unwind, and when the OP released the emergency brake the car rolled backward and once all the cable was off the spool the tow truck was dragged back by the moving car.

The whole incident seems odd though. I mean, a VW Jetta isn't all that big and it really shouldn't be able to budge a tow truck if it's parked even if its e-brake isn't engaged, unless the VW had one heck of a running start.

You are EXACTLY right in your first paragraph! And when the VW fell off the shit, it rolled backwards, pulling the truck with it. It's all on video.

 

[xojessie75xo]

You are EXACTLY right in your first paragraph! And when the VW fell off the shit, it rolled backwards, pulling the truck with it. It's all on video.

My insurance is covering the front end damage, and back end damage. The alignment is out of whack, which never was before. The adjuster stated that a mechanic has to look at it when it's up on the lift, to give it a proper diagnosis, which I already know he'll find something wrong, as again, my car NEVER veered to the right before..

You are EXACTLY right in your first paragraph! And when the VW fell off the shit, it rolled backwards, pulling the truck with it. It's all on video.

I wish I could get my hands on this video, and post it. I also have pics of my car BEFORE all this happened with NO damage ANYWHERE!

 

[quincy]

My insurance is covering the front end damage, and back end damage. The alignment is out of whack, which never was before. The adjuster stated that a mechanic has to look at it when it's up on the lift, to give it a proper diagnosis, which I already know he'll find something wrong, as again, my car NEVER veered to the right before..



I wish I could get my hands on this video, and post it. I also have pics of my car BEFORE all this happened with NO damage ANYWHERE!

You had active insurance on your repossessed car? That was lucky, at least.

 

[xojessie75xo]

If the tow driver had it on the hook how did it roll away? When you do something that controls a car you are responsible for the outcome.

You are right that his carrier would have paid had it been his fault but if he described to them what he described here they wouldn't even bother to hear what the tow driver had to say or try to subrogate because it is not the tow driver's fault.

The tow truck driver also already admitted fault, and it's on video!

YOUR vehicle struck a tree. The tow truck did not strike another vehicle and was not involved in a collision with anything.

The tow truck driver dropped the car off the lift, then the car rolled into a tree, THEN the truck hit the front of my car. I had the car backed into my driveway.. The truck most certainly hit my car!

 

[xojessie75xo]

Let me get this straight. You drive a manual transmission, were on a grade, released the brake, didn't keep the car in gear, and complained about the predictable result? You deserve the damage based on stupidity alone. I've driven manual transmissions cars almost exclusively for 30 years, but even as a teenager this was probably the FIRST thing I learned.

Wow! The SUPPOSED to be professional was supposed to be in total and complete control of my car. What the hell are you even talking about? You must be a tow truck driver..

 

[xojessie75xo]

You had active insurance on your repossessed car? That was lucky, at least.

Uh, yeah! You're supposed to have insurance on vehicles. I was late one payment, and didn't deserve all this crap!

 

[quincy]

Uh, yeah! You're supposed to have insurance on vehicles. I was late one payment, and didn't deserve all this crap!

A late payment was a breach of your contract. Repossession was a risk you took by paying late.

Because the car has been repossessed, the damages will be assessed by someone other than your own mechanic.

I suggest you let your insurer handle the accident.