Towing Issues: Towing Damage, ramp truck, public school teacher

Question
My front right side lower ball joint broke while exiting my father’s driveway on Sunday, October 21, I stopped the car immediately and I carefully backed the car with a floor jack back into his driveway as the tire was hanging just supported by the strut and upper ball joint, so as not to inflict any fender damage, no damage had been done. I jacked the car up removed the wheel and placed the car up on a wooden block. I wanted the wheel off so as not to cause any damage to the fender, which was undamaged thus far.

Monday October 22. This was explained to the towing company when they were called. They were called Monday morning and a tow truck was requested that would hold the wheels off of the ground.

The vehicle that showed up was a ramp truck, I was at work at the time and my father greeted the towing person. The towing person proceeded to reinstall the tire I had purposely removed.

While pulling the car onto the ramp truck the tire must have been dragged back against the fender bending it and buckling it in the wheel well area. My mechanic also made note of this damage when the car was delivered to Tower Automotive for the ball joint repair. I did not discover the damage until I picked up the car after work. Around 3:00 PM as I am a public school teacher.

I called the Towing company, and spoke with Lisa a secretary their, she was very nice, she inurn contacted the driver and called me back within the hour saying the driver claims he caused NO DAMAGE. I in turn drove the car down to their place of business to show them the damage. No drivers were their and Lisa would not come out to look for herself, but said that she would have the owner call me back later that day. I never heard from the owner, not even a message on my answering machine.

I brought the car to my body repair shop, on and left it on Tuesday the 23rd during my lunch break. Feeling that the driver would not own up to his carelessness as I never heard back from them I left it to be repaired. Estimate $300 - $400 in damage. My insurance deductible is $500.

I feel that they should be responsible for the damage as the Ramp Truck towing of the car obliviously caused the fender damage. Dragging the car onto the ramp truck would have forced the wheel and tire back into the damaged area. This area was undamaged before the tow.

What is the best way to pursue this further?

Thank you,

Lou


Answer
Well Lou, I have to say that one issue here is not the damage which is on the vehicle (we will discuss that later) but one where tow trucks are used and how they work...

From your description of what broke, I really would like to know how you think that you moving it after the tie rod broke. I have done tows like this several times over the years and damage usually happens so quick even at a low speed when the vehicle is moving.
Using a jack is great, but even moving the vehicle at that point can cause further damage.  And since most all vehicles are towed or lifted or loaded with the wheels supporting it, the reinstallation is often required to move the vehicle...  Remember the suspension which holds the vehicle up is also where we have to hook to at times to tow vehicles.

Now I also have to defend the tow company, as you do sound like you did contact them, but unfortunately most tow company owners are also drivers and as such do work.  Our jobs are not 8 to 5 like others or yours.. We are subject to calls at all hours of the day and night.

As to the secretary coming out and looking at the vehicle, I hate to say it but most of them are kind of stuck there with phones and such.  Plus do you really think they might know what they are looking at and the causes...

Now as to the costs and who should pay for it, Well you have to try and work that out with the tow company if you feel they are responsible (I know you think they are) but you still have to follow procedures.
Sorry for the problem and I know you want action immediately, but give it some time, I know that sounds bad but it takes time to check things out, talk to parties involved, and determine responsibility.

Or you can just have it fixed and then take it to small claims court and have a judge rule on the issue. But nothing is going to happen today or tomorrow... It takes time and I know that is not the answer you are looking for.