Tow truck driver caused damages to my car..

[xojessie75xo]

Atlantic County, New Jersey
Here's the back story: I am financing a 2006 VW Jetta, and unfortunately, fell behind on my payments by $485. The dealership had a repo company come to my home to take possession of the car. When I went outside and (nicely) acknowledged the driver, I asked him if I could please get some of my belongings out, and he (rudely) said yes. When I opened the driver's side door, he then asked me to release the emergency break, I again, acknowledged him, saying okay. So, after I released the e-break, my car started rolling backwards, falling about 3 foot, car still going backwards, then slammed into a huge tree, causing a lot of back bumper damage, as well as, causing a lot of front end damage, as the back of the tow truck collided into the front bumper area, also ripping the bottom portion in half, and completely destroying the undercarriage. The car was then wedged in between the car and truck. While all this was happening, the car was dragging me backwards with it, and the driver kept yelling at me to pull the e-break back up, but unfortunately, I couldn't get to it in time before it hit the tree! After everything happened, the driver started blaming me for what just happened. How can he do that? He can't! 'Apparently', once the car is already hooked up to the truck, the truck driver is 'supposed' to have complete and total control of said vehicle. At least that's MY understanding.. The driver also left the scene of an accident (my home), and KNEW I had called the state police! Can someone PLEASE shed some light on what my options are? Thank you!

 

[PayrollHRGuy]

It certainly sounds like YOU are the one that damaged your car.

So, after I released the e-break, my car started rolling backwards,

Yep.

 

[xojessie75xo]

He asked me to release the e-break, so I did. He should've NEVER told me to do that! My insurance is covering all the damages, as well..

 

[Zigner]

He asked me to release the e-break, so I did. He should've NEVER told me to do that! My insurance is covering all the damages, as well..

What if he would have asked you to start it, put it in to gear and then jump out once it started rolling?

YOU caused the damage.

 

[HighwayMan]

The driver also left the scene of an accident (my home), and KNEW I had called the state police!

He was not involved in a motor vehicle accident so there was no need for him to stay.

 

[HighwayMan]

My insurance is covering all the damages, as well..

Okay, so what options are you talking about? The damage is covered, that's all you should care about.

 

[xojessie75xo]

He was not involved in a motor vehicle accident so there was no need for him to stay.

CLEARLY, he was involved in an accident! What do you call when a vehicle hits another vehicle? An accident!

 

[HighwayMan]

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

 

[Zigner]

CLEARLY, he was involved in an accident! What do you call when a vehicle hits another vehicle? An accident!

This was a single-vehicle accident in which the your negligence caused your own car to strike a tree. The driver (of the tow truck) was not involved in a motor vehicle accident.

Correction - I see that your vehicle struck his vehicle as well. Who cares if he left?

EDIT: Now that I read it more, your post just doesn't make sense...but it's still clear that YOU caused this.

 

[PayrollHRGuy]

He asked me to release the e-break, so I did. He should've NEVER told me to do that! My insurance is covering all the damages, as well..

And you never should have done it without knowing it is safe. There is a reason your insurance is covering it. Because nobody else is at fault.

 

[LdiJ]

And you never should have done it without knowing it is safe. There is a reason your insurance is covering it. Because nobody else is at fault.

That is not a valid statement, because the OP could have turned the claim into his own insurance company even if the other person was clearly at fault and the insurance company would have covered it. The insurance company would have then gone after the other party.

I also disagree with anyone who thinks that the tow trucker driver had no fault in this. The tow truck driver had already hooked up the car. That is why he asked the OP to release the brake. The truck driver did not secure the tow line and that is was caused the front end damage.

 

[PayrollHRGuy]

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.

 

[LdiJ]

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.

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.

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 had some fault here. Now, maybe the insurance company will decide against subrogating but had the driver properly secured the tow line and the car, it never would have happened.

 

[Zigner]

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.



The tow truck driver had some fault here. Now, maybe the insurance company will decide against subrogating but had the driver properly secured the tow line and the car, it never would have happened.

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

 

[LdiJ]

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

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