Auto Insurance Claims: rental car damage done by good samaritan, rental car damage

Question
We rented a car from Hertz to go on family vacation. On our way home, we became stuck in a snow drift in Dubuque Iowa right off of Hwy 20. A man pulled over to ask us if we needed help. I advised him that I was trying to call a tow agency, and he said that it would be no problem to help us, and pulled a tow rope out from underneath the truck he was driving. He stated that there wasn't a proper place to hook on underneath the car. I asked him again if I should just call a tow company. He said, no, that he could pull us out, and all we needed to do is pop our hood. I had two small children in my car, and it was negative 30 below wind chill, so I agreed. I don't know where for sure he hooked on under the hood, but when he pulled away to pull us out, he caused major damamge to the front of the car, bending the frame and breaking the latch for the hood. He immediatley apologized, and gave us his card, stating that his insurance would take care of it.
I opted not to have insurance on the car, and I didn't have private car insurance at the time.
No police report was filed, because there was not an accident, however, there were witnesses who saw the whole event.
Can I hold the man who pulled us out responsible?


Answer
Hello Jennifer,

I doubt his car insurance would cover it. And I don't know if his homeowners would cover it. But either way, thats his problem. He may have been a good Samaritan, but he screwed up, period. If he really is a "good Samaritan" then he will gladly pay for his mistake. If not, then teach the idiot a lesson. He's got no business hooking onto a "unibody" car front end with a tow rope or hook, especially if its stuck in snow or sand or mud. Modern cars don't have conventional frames like pick up trucks. He was negligent and that would make him legally liable. Don't feel guilty. He is an adult, not a kid.

So sue him in small claims court. The only problem is you would have to probably sue him in the county where it happened, or where he lives. So plan on another "vacation". And get the witness statements in writing or have them appear in court.

Once he gets notice of the small claims suit, I guarantee you he will turn it in to his insurance. If they deny it, then its his bill to pay. I'm sure your rental car company made you pay the bill, right? Good luck.