Towing Issues: Towing damage, small claims court, car brakes

Question
My stepson bought a used 2003 Ford Focus from a dealer in California.  27 miles later the clutch failed.  He called a flat bed tow truck to tow it back to his apartment. The driver had my son assist in backing the car down the ramp (sat in the car as it rolled down the ramp) and it hit a parked car (brakes hard to operate with car ignition off).  Is the tow company liable for the damage to the back of his car (there was no damage to the other car)?

Answer
well, this is one of those 50/50 questions...

The towing company is responsible while its in their custody and control, but if your stepson was in the vehicle and guiding it (steering and using the brakes) then its also his responsibility.

If you have talked to them and questioned them about the damages, I bet they are saying " not responsible"  
Now if you feel they should be responsible, you can try the small claims court, but with the stepson controlling the vehicle then you assume the better part of the responsibility.

NOW as a safety issue, its not advisable and most tow companies will not allow the customer in the vehicle while they are hooked to it.  But that usually just a company policy not a law or anything..

Sorry for not having a good solid answer for you on this.