QuestionQUESTION: My niece slid on an icy road and hit a guard rail,The towing company after hooking up to her 1996 jeep cherokee
droped the vehicle.She was out of town when this occured.
There was extensive damage done and she was told the SUV was totaled.She believes it was the fault of the tow Co.Can she do anything about this? Thank You
ANSWER: How much damaged occurred when she hit the guardrail? I would say it was totaled or beyond repair according to most insurance companies once she hit the guardrail. It does not take much to total a older vehicle since insurance companies value the vehicle at wholesale price. A 1996 Cherokee depending on mileage, options, condition is worth $2000-$3000 and if the airbag deployed with bumper damage would exceed the value of the vehicle. If any suspension, steering, frame damage occurred when she hit the guardrail it could have totaled the jeep. Now if she put a scratch on the fender and the tow company ripped the front off I think you have a strong case. Hopefully someone took some pictures before the hookup. With that said if it was totaled after hitting the guardrail and other damages occurred after the fact then this is being trivial. In many states public safety, police requested towers are usually immune and not liable for any damages caused by or attempting accident recoveries. Should she pursue this any further she must have undisputed proof how much damage occurred hitting the guardrail and how much damage occurred when the tow company recovered the vehicle. Hope everything get resolved amicably.
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QUESTION: Hello again,thanks for your reply.Well I went to utah to get the jeep,1998,my mistake.Of course the tow co.denies ever dropping the jeep,not once but twice! To make a long story short,You were right about the airbags,they did not deploye as she spun around on the ice & road the rail about 25 feet now going the opposite direction and then the front tires ended up on the rail.One tow truck dropped the jeep twice then called for help,when a much larger truck arrived and some how hooked up to the back and just drug it off the rail.We were told by them it was totaled and they offered 100.00 for the title ! When I went to get it it didnt look bad at all.Of course I know nothing about frames etc. well the frame is not damaged but the radiator,motor mounts and another part that I can't remember Torsion bar? not sure but replaceable.What angers me the most is the lies they told me.Why do people lie if they have nothing to hide or are not in the wrong? She was not totally covered by ins. so I think they should at least help her with the repairs,after all what is all the certifications on drivers and the safety of the tow trucks and their ins. coverage for any way? I have looked into this and made a few calls and you were sooo right.There is no undisputed proof,even the UTHP officer that stayed untill the truck was taken away,has not returned my emails.So guess you can't fight City Hall! L O L..What a shame,But thanks again..
ANSWER: Just like any business there are those companies that are more professional and experienced than others. The problem is when in need you don't know which ones are the better companies and trust the police department to send competent aid. It is sad to hear the experience that occurred whether it was totaled or not. All of us that are truly dedicated to this profession are working on higher standards of service and promote a better public image.
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QUESTION: Just Curious (Super Slooth) actually..L O L How would or should a tow truck try to attempt removing a vehicle from a guard rail? And how the heck could there be undisputed proof after the fact? I'm sure what ever damage she did incure,dropping a 6000 lb vehicle twice had to of made it worse,well of course it would that's why all the untruths I guess. And in Utah of all places huh? L O L..Dang! I wish I had money,I would get to the bottom of this just for fun.We are just thankfull she didn't get a scratch..This is agreat site,thanks again... Aunt Vicky...
AnswerIt's easy being the monday morning quarterback and not know the difficulty of the recovery but dragging the vehicle off guardrail is certainly not a method I allow. Wreckers with booms are the best method for removing a vehicle over or catch on a guardrail. Depending on the situation it could require multiple wreckers to safely remove and control the recovery. The tow operator must be in complete control over the recovered vehicle. By control I mean: raising, lowering, tilting, turning, etc. Dropping means something broke, disconnected, or in a hurry which is definitely not controlled. The huge problem is many state authorized towers have immunity from liability for recoveries but not from negligence. With that said, unless you video documented the recovery or someone got serious injured by the tower in many cases they are immune from civil action for damages. Believe me, I understand your frustration! Nothing is worse than the police calling our company to recover a botched job from another competitor because they are unable or incompetent. Why didn't they call us in the first place but that is another story. As I said before a number of professional towers throughout this country are working overtime to make this a better and safer industry.
