Towing Issues: Liability, aaa roadside services, tow truck driver

Question
I had my vehicle towed by an independent tow company contracted through AAA roadside services.  The tow was requested due to the vehicle being inoperable (mechanical). The vehicle had been stolen then recovered and was missing parts including wheels.  I advised the driver at the time of the tow that I had installed the replacement tires - the rear were very worn.  The driver kicked the tire, said, "I think it will be all right." and left for the destination.  Meanwhile after waiting an excessive amount of time I contacted the tow co directly to be informed the rear driver-side wheel had come off during the tow, the wheel was not recovered and of course the vehicle sustained damage as a result. My question is, can the driver/tow company/AAA be held responsible for the damages?  I did not sign a waiver to release the tow company or AAA from liability prior to the tow nor was I advised of the possibility that damage could come to my vehicle in this situation. I'm distraught to say the least since I'm out of a vehicle. Is there any way I'd be able to resolve this matter in my favor with the tow company and AAA? Thank you for your help!

Sincerely,
Ryan Tan

Answer
Well glad to hear that your vehicle was recovered.

Ok now on to the issues you have raised.

Ok as I see it in the comments you installed the wheels on the vehicle so it could be towed. You mentioned the tires were worn.  As much as I hate to say it, I would think that partial blame might fall on you if this was to go to small claims court.

Reason I say that is that if you did not tighten the lug nuts properly or place all of them on the vehicle then it was at risk of having something happen.

Can the tow company be held responsible for this happening?
Given the way that the courts work of course anyone can be at fault. Even your next door neighbor for not telling you to do something. I know its a bit of a reach but its how things work.  
The tow truck driver did look at the tire as you say but he did not check the lugnuts because he did not know they might be a problem. You addressed a tire issue. Towing vehicles is a complex process but even the best driver who does a walk around will not catch hidden things. I have heard of people who have had engine parts fall off the vehicle when in tow, and the reason for the tow is something else.

So do you think the tow truck driver should check everything on the vehicle ?  Crawl over and under the vehicle.  Where would you think the line should be drawn as to what would be proper to check.

Now, I will tell you a few facts about the biggest auto club around. AAA is a great organization, and they provide a great service.  BUT they have a hold harmless agreement with the service providers. That means it will be real hard to sue AAA.  But the towing service is usually sued or blamed for damages which happen or might of happened. And a lot of tow companies tend to withhold money from drivers for damage claims. Even though there is insurance coverage available no one wants to claim it on their insurance.

Waivers or not, they really do not hold up in court. What would happen is that the judge would rule that the tow truck driver is the professional and knows the risks and things to do for a correct and safe job.

But also on the same side, there is the chance they would blame you for it happening.  Did you ask if there was a chance of damage happening?  Did you consider that things could happen. I feel that customers need to ask if they have questions, but on the same token remember that you are not the tow truck driver. There are some that need help but there are way more that know how things go and what to do. If you have questions ask, but do not become a boss on the job.  
I personally have walked away from tows because of customers trying to tell me how to do the job, and I know that way would cause damage or be unsafe. Both parties have to know when to say no.

How how to resolve this matter, I would talk to the tow company about it. See what they say and or offer to you . A lot of times it does not go the way that the customer wants it to go. That is where AAA "MIGHT" help with discussions and trying to settle the complaint.  
Worst case is you might have to go to Small Claims Court to handle this if you feel you were wronged with the tow and resulting damages.

Now basic question here, is there insurance coverage on the vehicle?  Are they handling the recovery and repair /restoration of the vehicle ?  What do they think about this issue if they are involved?  Have you investigated this with your insurance company?

I hope this helps. Feel free to contact me if you have more questions