Towing Issues: Scooter damaged, flatbed tow trucks, tow truck driver


Question
Hi, I suppose this is a dual question- yesterday my scooter was impounded
for lack of registration over 6 months.  I  had, about a year ago, my scooter
towed to get some work on it (twice, in fact) and when they did they used a
flatbed.  As it was, yesterday I just happened to walk out when the process
was getting started and once I figured out why I was getting towed I looked
and saw that they guy was not using a flat bed but what looked like a normal
tow hitch.  I mentioned to both the meter officer and the tow truck driver that  
I didn't think this was the proper way to tow it and that I was worried about it
getting damaged but was told it had "been done a 100 times".  So, the first
question is, is it standard procedure to also use this type of tow (or is it
simply them towing it incorrectly)?  The reason I ask the first is because when
it picked it up yesterday and wheeled it out of the lot upon trying to start it I
noticed that the throttle was completely messed up.  When I pulled the
throttle it was just loose and only started to catch and give gas after about a
half turn.  I was late to get to the Naval base and had to leave (plus I wanted
to call a service provider and find out how much it would be or if I could do it
myself) and haven't notified the tow company.  I did look over my receipt and
there is  a line that states that I need to sign to get the scooter out AND that
"I agree to hold the tow company harmless for any and all claims".  Does that
mean that if they broke something I'm out of luck or is that just a hopeful
disclaimer?  Thank you so much for any help you can give.
D.

Answer
Well I have to say that most people think that flatbed tow trucks are the answer to everything. But they are not and they can cause damage also.
Not to mention that someone usually is on the bike on the deck of a flatbed while it is lowered into position and secured. That is where damage and physical injury tends to happen with flatbeds.

I have done many motorcycles (some for bikers and groups) over the years with normal tow trucks, instead of flatbed tow trucks (which did not really come into use till about 1984 or so...

Now dealing with your issue, it has been done 100's of times is not a bad comment but there is always the 1 time that things do not go right and damage happens.

It does sound like the strap got up against your throttle cable and bent it or stretched it.

Now as to the disclaimer on the invoice, that tends to be a standard deal as it tries to make it harder to claim damages against the tow company, but most damage waivers are worthless in court.

So you have some rights there. First of all contact the tow company and discuss it with them. Be civil and keep great notes on the issue. Have a estimate on the repairs and see what they say about the issue.
Do not expect them to roll over and pay out right away, it tends to take a little bit of work to get them to agree, and if they do not claim responsibility then you have the rights to go the small claims court route.