Towing Issues: Towing & Theft, tow truck driver 4, tow truck company

Question
Dear Richard,
My car blew a flat and also a tire rode-end broke off. My car (1998 Range Rover) was immobile. I called Triple A and they sent a flat bed tow truck. After helping the driving maneuver my car onto the flatbed, I watched him drive off the my garage which was less than a mile away. It was approximately 12 NOON. I went home thinking that it would get to the garage since it was just down the street.

Later that day (hours) my wife got a call from the garage my car was towed to. The manager asked if the car had been broken  in to. We have a broken door handle and we thought that was what he was talking about. She said, "I know it needs a little work but we have ordered the part." He said ok and never thought about it again. A week later I went to pick up my car. I found that it had been broken in to and completely destroyed. The panels were broken off and the wiring almost completely removed...all for a stereo. A very valuable DVD stereo. I stood there in horror.

The manager of the garage (NTB) said- "I called your wife and told her of the damage when it arrived here that night." I found out that it took the tow truck driver 4 1/2 hours to get my car to the garage less than 1 mile away. The windows were down and it was pouring rain, so the electric system was completely ruined too.

I filed a police report, they took pictures and I promptly called Triple A. After being bounced around from one person to the next... the customer complaint told me to take it up with the tow truck company. I said "You called the tow company, I didn't." She said that it wasn't their problem and hung up on me. Needless to say, I was shocked at the service and treatment.

Here is the $10,000 question. My contract is with AAA, not the tow truck company. As soon as I relinquish the keys to the driver, the liability is in their hands. Since the towing company is a sub-contractor of AAA, they are in a sense AAA. What do I do next? I don't want to turn this in to my insurance company...I was in possession or even driving. My premiums will sky-rocket.

Please advise. Is AAA liable? I'm sure there are cases like this right? Do I have to go to court and sue AAA for them to take me seriously?

Thanks so much

Shane Walker


Answer
Sorry for the delay in answering its been busy at work lately..

If I am reading this right, you were towed by an AAA contracted tow truck and you are saying that at some point in the period of time that you did not see the vehicle it was broke into and the stereo and stuff where taken and other things were damaged...

Now the dealer called and talked to your wife, but if I got it right she did not actually find out what was damaged at that point, which was like 4 hrs after you seen it towed off.


Now in defense of AAA, the normal contracts which tow companies have with AAA has a hold harmless part of the contract where AAA is not responsible for the actions of the contractor. That has been tested in court many times from what I understand and while you "called AAA" they provided service via a contractor (they do not have that many "AAA CLUB OWNED TOW TRUCKS AT ALL")

Now the tow company will not really want to have insurance claims any more than you do. Rates go up when claims are filed, we all know that.  

Now I am not saying that the tow company or driver did the damage and stole things as I was not there and can not provide information on it.  
But I have also seen issues where the dealership has had problems and placed the blame on the tow truck. Remember no one wants an insurance claim.

Now I am going out on a limb here and if the service manager called your wife and asked about damages and such, if he had seen the stereo ripped out, the windows all down and the dash torn apart and she said "we know and have ordered the part" (most likely you have ordered the part from the same dealer if it went to the Range Rover dealer) that a red flag would be raised in the service manager - writers mind (that;s more than 1 part)...

Talk to the tow company OWNER and see what he says. Discuss it with him and see what he can find out in his investigation. Also since you did file a police report, contact them again and see if there were other reports filed from the repair shop during the time the vehicle was there...  If one vehicle was broke into there might of been more.

This will get complicated in what to do, and I am not sure if you would have a good case against AAA, but you can always file against everyone involved. AAA, Tow company, Dealer heck name everyone and let the judge throw out the ones who do not apply and then see what happens..

That or talk to an attorney and see what would be wise to do. After all they might know something that I do not (heck I do not have a law background, I just pay tickets and stuff when I get them)

Hope this helps.