Towing Issues: Tow truck, removal of vehicle, hit my parked car, tow truck company, tow truck driver

Question
Hi,
When does the removal of a car become the responsibility of the tow truck
driver? I had sold a car as a parts car, I have a second car, parked to the side,
out of the way. The new owner and tow truck driver decided to allow the sold
car to roll down an incline, in order to put the vehicle onto the tow truck.
While doing so, the sold car rolled down and slammed into my parked car.
I called the tow truck company looking for compensation, not a lot, but the
car they rolled into is a restorable classic. They of course want to say that it is
the new owners fault. But I was under the impression that the tow truck driver
was in charge of putting the vehicle, safely onto his rig. I want to know when
is the tow driver responsible to make the call of how to get the sold car onto
his truck. Thanks for your input.
Marie

Answer
I'm assuming the tow operator and new owner (transaction completed) are pushing the parts car and it starts rolling out of control down the hill towards the tow truck and collides into your car. If that is the case this could get complicated as more information is needed to properly answer this question. Was there a signed contract or work order for who would be responsible for removing the vehicle from your property. Did you contest to the method before the vehicle was moved? Did you assume they knew what they were doing? If this went to court a defense attorney could argue that you allowed and authorized the vehicle to be removed which includes the method used. Since the method used did result in damage there was no clear indication who would be responsible for damages occurred. Since the vehicle wasn't clearly in the tow companies possession it would be hard to make them liable. Now if the tow operator was behind the wheel of the vehicle and wrecked into yours that would certainly favor your case. If the new owner was behind the wheel that goes for the same. With most tow insurance policies, it becomes the tow companies responsibility once the hook or chain is placed on the towed vehicle. I suggest contacting your insurance agent and ask for advice and maybe your home owners will cover for some of the damage if you are also found liable. Hopefully it will get worked out in one way or another.