Towing Issues: ditched suv rolled by tow truck, truck wrecks, tow company


Question
my mother in laws suv (4 door blazer 4x4 2005) was put in a ditch during a snow storm . the tow company rolled her suv while trying to get it out of a ditch . the ditch is 3.5 feet deep fairly steep . the operator said they sometimes have to roll cars to get them out of ditches , and they are not responsible . this is the state of oregon . are they truly not responsible for safe damage free operation ? shouldnt they have at least advised us before they did this ? we would have tried someone different had we known .

Answer
Art, I really have a problem with this answer for 2 reasons...

First of all, I do not believe that a tow company is exempt from secondary damages while doing the job (with certain exemptions under Incident management conditions).
And I really doubt that was the case here as that exemption is mainly for major accidents like semi truck wrecks and other major accidents.

Second, I really do believe that this is more of a case of either untrained or poorly trained operator.  That or just plain improper "approach" to the recovery...

While I was not there and did not see the job being done, from the sounds of it that it was not done right...

Since this was an "accident" to start with, I would go to the insurance company and discuss it with them... After all the vehicle might of been repairable to start with and now it be totaled and costing the insurance company more in terms of a claim...

Do you have any pictures of the vehicle in the ditch before and of course any after pictures...   Those might be "priceless" at this point..

Hope this helps, and I am sorry that it happened.  As I am originally from Oregon, I know that the towers have access to training program and it kind of sounds as if this one might be needing some training.