Tow truck damaged bumper. Who pays?

[Mrs. Charming]

We hit a deer, and a towing company took our driveable but damaged car. Nothing was signed, they just told DH "give me the keys" while DH was talking the the police (who aparently run a racket with the tow company)and soothing our screaming infant, and nothing was ever said about who the towing company was and where the car was towed. When we eventually found our car, the rear bumper was torn off on the drivers' side. We don't have comprehensive coverage so I don't think the insurance will touch it. The towing company isn't returning our calls. Who's responsible for the damage? We took pictures the evening of the accident, they're all timed and dated.

Help! What to do? Small claims court?

 

[jjan]

I would first call the towing company and threaten to file a complaint with the Better Business Bureau and the Attorney General- even if you have to leave it on their voice mail or send a certified letter. I never think to do this, but where I work, if anyone mentions either of those options- things start happening. Good luck!

 

[Mrs. Charming]

I would first call the towing company and threaten to file a complaint with the Better Business Bureau and the Attorney General- even if you have to leave it on their voice mail or send a certified letter. I never think to do this, but where I work, if anyone mentions either of those options- things start happening. Good luck!

Sounds like a good start! Definitely worth a shot! Thanks!

 

[Leajess99]

I would be contacting the Better Business Burea as well as the Attourney general for your State. Unless you specifically request the vehicle be towed or are placed under arrest they are not to be moving the vehicle. How did your DH get home?? See, I would probably also be contacting the chief of police and giving him a piece of my mind over the incident as well.

The tow truck company is responsible if you can prove the damage was not already there.

 

[Mrs. Charming]

I would be contacting the Better Business Burea as well as the Attourney general for your State. Unless you specifically request the vehicle be towed or are placed under arrest they are not to be moving the vehicle. How did your DH get home?? See, I would probably also be contacting the chief of police and giving him a piece of my mind over the incident as well.

The tow truck company is responsible if you can prove the damage was not already there.

I'll definitely contact both. The cop apparently requested the vehicle be towed despite it not being in the road, and on private property (with permission to stay) and DH certainly didn't request it because we were able to pull into a small service station. The service station owner's wife gave me a ride home to get our Subaru so I picked up DH, the kids, and our belongings. I'm afraid to tangle with the police here because they're the ones who called the tow truck, and apparently have some sort of racket going on. This town has a big abuse of power problem.. ugh... small towns. (and we're outsiders)

I don't know exactly how to prove it wasn't there (yet-- I'm thinking), but I know I can re-create how it happened! Seriously, I don't know how on earth you can damage a car like that without a few world class weightlifters or a tow truck. It's not a stretch by any means.

 

[merekc]

What you refer to as a "racket" may be that the towing company has a contract with the city. A police officer can require a car be towed (even though it does sound odd if the car was drivable and road worthy).

I would suggest you also contact the city administrator to find out if this company has a contract with the city and if you have any recourse/rights through them.

Also, physically go to the tow company, do not just try to call. You will get a lot more accomplished in person.

You might also ask everyone how the car was towed since you didn't request it. However, my guess is that giving the tow driver your keys will be viewed as authorization. I would also begin documenting every contact and attempted contact in case you need to go to court.

 

[cvjw]

I had to have a car towed from my garage one time because I couldn't get it to start. On the way to the Toyota dealership, it somehow rolled off the back of the tow truck. Toyota fixed it for me - they didn't tell me about the tow truck incident until I went to pick it up. My car was proof that bad things can happen when your car is being towed! The worst thing was that my car was only flooded with gas, it didn't even need to be towed to the dealership.

 

[SILLYANDI]

The police CAN order it towed for several reasons (blocking traffic, undrivable, evidence, etc) and the officer has to fill out a form (in California it is called a 180CHP form) which puts the liability on the police department.
I would request a copy of the form from the PD, and file a claim with the PD for the damages. Let them hash it out with the tow company as far as who is going to pay for the damage.

HOWEVER, there's a good chance that the tow is going to be listed as "owners request" because that is common for accident tows with an officer just saying to the driver "you want this towed right?" or something similar(which is a backwards way of obtaining an owners request to tow) because they don't want to deal with the logistics of the damaged car being on the side of the road where it can get hit again.
If the car was not blocking traffic, was driveable, was not needed for evidence and was legally parked then the officer would have had to obtain the owner's request to tow it before telling the driver to put it on the truck. If the officer just assumed the owner wanted it towed and didn't get a verbal or written OK to tow it, then the officer is buying that liability. Odds are the officer did get consent from DH is a roundabout way (and should have documented that conversation in the report) and DH didn't realize it. Or the officer considers the handing over of the keys as consent.
I don't think PD's do this because they are in cahoots with tow companies, the PD gets nothing from the tow company but a guarantee of reliability (your tow company will have 5 trucks available at all times when we call in exchange for us using your service exclusively). It is just easier to get the cars out of there and not have traffic backing up or more accidents because of the parked, wrecked vehicle.

 

[britfish]

Sometimes even if it is driveable it needs to be towed because it is not safe for the road due to the damage(hood dented and might pop open, etc.) I agree its probably not a racket with the tow company, most departments have a list or a rotation of tow trucks that are approved by their department to use. Good luck getting your car fixed, I would definitely go in person to the tow company, and don't forget to replace your infants car seat since you were in an accident.