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View Full Version : Damage due to tow, what can I do?



jabjab
11-21-2015, 02:14 PM
Driving along and smelled gas so I pulled over to inspect and notice fluid spewing from near the tank.

Called a tow truck (jjs towing) and he chipped my front bumper clearly in front me. He acknowledged he did and didn't charge me for the tow. I told him I want it fixed and he said accidents happen and that he didn't charge me.

I new bumper and paint is far more expensive than a tow. I can foresee an issue on getting compensation for this. What do you suggest I do?

mr2mike
11-21-2015, 02:17 PM
You shouldn't have accepted the free tow. You just verbally agreed to a free tow in lieu of the accidental damage.
Now you want to go back and renegotiate because you feel you're losing money on the deal... good luck.


Call Judge Judy:dunno:

FraserB
11-21-2015, 02:18 PM
Can try calling the company and maybe your insurance company, but you might have a hard time getting them to pay since you already accepted offered compensation.

jabjab
11-21-2015, 02:24 PM
I didn't accept the free tow because of the bumper. I told him I didn't have cash at the moment and he said don't worry about it for now until we figure out the bumper.

I just got off the phone with him and he said "accidents happen" and brought up he didn't charge me but that was not the agreement

ExtraSlow
11-21-2015, 03:57 PM
You should demand an invoice for the tow, and pay it. THEN you have some chance of going after him for damages.

Other option is to call your insurance company and see what they say.

jabjab
11-21-2015, 04:50 PM
I'm going to get quote on the front spoiler and then contact him to see if he's changing his tune about getting it fixed.

If he doesn't seem willing to pay then I will contact my insurance company on Monday and go from there. Do you think filling out a police report will help?

FraserB
11-21-2015, 05:13 PM
Post a picture of the damage, hard to believe it's going to be above the $2000 limit for the police to care.

With no invoice and you accepting the free tow, you're in a he said/he said situation.

[Yu]
11-21-2015, 05:32 PM
Can you even receive compensation? Does the tow companies insurance cover that? I thought it was the risk of receiving a tow.

jabjab
11-21-2015, 05:41 PM
Originally posted by FraserB
Post a picture of the damage, hard to believe it's going to be above the $2000 limit for the police to care.

With no invoice and you accepting the free tow, you're in a he said/he said situation.

The damage won't be over 2000, at worst its a whole new bumper and cost to paint. Well I didn't accept the free tow because of the damage, I just didn't have my wallet and he told me "we will figure it out". I probably should have insisted an invoice of some kind but I guess I was frazzled up about what was wrong with my car in addition to the damage.

Sentry
11-21-2015, 06:00 PM
http://www.army-technology.com/projects/tow/images/tow9.jpg

:confused:

colsankey
11-21-2015, 06:17 PM
Without intending to sound like a jerk, who drives a car without their wallet?

ExtraSlow
11-21-2015, 08:22 PM
Originally posted by colsankey
Without intending to sound like a jerk, who drives a car and then purchases services without their wallet? FTFY

rob the knob
11-21-2015, 08:31 PM
Originally posted by jabjab
Driving along and smelled gas so I pulled over to inspect and notice fluid spewing from near the tank.

Called a tow truck (jjs towing) and he chipped my front bumper clearly in front me. He acknowledged he did and didn't charge me for the tow. I told him I want it fixed and he said accidents happen and that he didn't charge me.

I new bumper and paint is far more expensive than a tow. I can foresee an issue on getting compensation for this. What do you suggest I do?

car fire

isnuran





http://www.ncdoi.com/media/Documents/CarFireImage.jpg

jabjab
11-21-2015, 10:44 PM
Originally posted by colsankey
Without intending to sound like a jerk, who drives a car without their wallet?

I don't usually don't bring my wallet to the gym, I'll start doing so now.

jabjab
11-22-2015, 01:40 PM
I called my insurance company. They let me know that I would be covered in this case if he refuses to pay for damages.

CompletelyNumb
11-22-2015, 01:54 PM
Originally posted by [Yu]
Can you even receive compensation? Does the tow companies insurance cover that? I thought it was the risk of receiving a tow.

Tow companies are responsible for the vehicle from the moment they hook up to the moment they drop off. Any damage in between those points is the fault of the tow company. You will often see drivers doing quick damage reports or pictures to protect themselves in case of existing damage.

jabjab
11-22-2015, 02:23 PM
I'm hoping to get my car in for an estimate in the next few days. The tow truck driver is already avoiding my phone calls so I'm thinking of just filing a claim right away.

I don't see this person paying out of pocket for a new bumper and paint.

relyt92
11-22-2015, 03:23 PM
How bad is the damage?

jabjab
11-22-2015, 06:09 PM
Originally posted by relyt92
How bad is the damage?

3 inch gauge at the bottom of the bumper and it's cracked near the bottom. I'll post a picture shortly.

I don't want it fixed with bondo etc, it will have to be a new bumper

jabjab
12-01-2015, 11:58 AM
UPDATE: Tow truck driver denies talking to me at all or know who I am.

I've supplied phone records to the my insurance showing the texts with me sending him my location and phone logs and time when we were discussing the situation.

He was better off saying that he saw me but didn't do the damage.

Disoblige
12-01-2015, 12:00 PM
Originally posted by jabjab
UPDATE: Tow truck driver denies talking to me at all or know who I am.

I've supplied phone records to the my insurance showing the texts with me sending him my location and phone logs and time when we were discussing the situation.

He was better off saying that he saw me but didn't do the damage.
That's awesome. Great job, I'm excited to hear the outcome. He totally didn't help himself by lying.

G-ZUS
12-01-2015, 12:04 PM
What company is this?

theken
12-01-2015, 12:14 PM
If it cracked your bumper check your oil pan too

Typical_Chinese
12-01-2015, 12:39 PM
Originally posted by G-ZUS
What company is this?

OP said JJS Towing, but couldn't find anything on Google for them except for some Kijiji postings



Originally posted by jabjab
Called a tow truck (jjs towing) and he chipped my front bumper clearly in front me. He acknowledged he did and didn't charge me for the tow. I told him I want it fixed and he said accidents happen and that he didn't charge me.

theken
12-01-2015, 01:01 PM
I would like to add to always use the bigger tow companies. They generally mark down damages prior and if they aren't marked down and damage occurs they have insurance

jabjab
12-02-2015, 08:35 AM
Lesson learned for sure. Only using bigger companies or even signing up for AMA to avoid situations like this.

I'll keep the thread updated on the process. Right now the estimate and pictures of damage have been sent to the insurance from the bodyshop and just waiting for final approval to go ahead.

[Yu]
12-14-2015, 11:18 PM
Originally posted by CompletelyNumb


Tow companies are responsible for the vehicle from the moment they hook up to the moment they drop off. Any damage in between those points is the fault of the tow company. You will often see drivers doing quick damage reports or pictures to protect themselves in case of existing damage.

Thanks! Last time I had to get towed out of a ditch in which the company was called by a police officer, the tow operator was like "there's a chance i might tear your bumper off". The way he said it sounded like he didn't have to be responsible for damages.

Once again, thanks for the info!

AndyL
12-15-2015, 12:18 AM
Originally posted by [Yu]


Thanks! Last time I had to get towed out of a ditch in which the company was called by a police officer, the tow operator was like "there's a chance i might tear your bumper off". The way he said it sounded like he didn't have to be responsible for damages.

Once again, thanks for the info!

Recovery is a different animal. You would be on the hook - as any decent adjuster will be able to show the bumper was likely damaged in the off highway excursion... Followed by that snow you plowed turning to ice as its been compacted and melted by engine heat.

Modern bumpers are held on by plastic clips designed to tear away... Guess what - not designed for going backwards out of drifts. The only way a towers insurance would cover it is you proved negligence.

theken
12-19-2015, 07:08 PM
yes, pulling you out of the ditch is different than a standard tow. I had a guy that had rolled his truck over bitching at me when the winch line was scratching his door....