Towing Issues: Liability issue, tow truck driver, small claims court


Question
I had a cube van I just bought towed to a garage to be get a safty. The cube van has a roll up rear door and a home made "man" door built in to it (the roll up door).  When the tower arrived at the destination the rear "man" door was gone.  I asked the tower to pay to replace it and he told me that they didn't do anything to cause it to come off, and that it must have been defective to begin with!  He said he checked for obvious defects before towing it (tires good, doors closed) and he could not be resposible for something like that. Is he responsible?

Answer
well now, this is interesting.. I am sure that the driver towed the vehicle after checking all the items to be concerned about. Like you said tires and all that...

However in defense of the tow truck driver / company its hard to say if something is going to fall off or break while in tow. I have seen incidents where things under the hood of the towed vehicle fell off and were no way connected to towing the vehicle. Yes the company was blamed for it.  I have also seen where the company was not at fault either.  

I am assuming that the vehicle was towed from the front, and thereby the driver could not see it fall off.  Normally when towing, its no worse than going up a steep driveway in the aspect of the vehicle being raised up.  

Were the windows intact on the cube van, or was there a vent opening that might of allowed air to get into the box.. How was the door installed into the roll up door is one question I have also.

Is he responsible, I would have to pass on determining that one myself as its a coin toss type deal...

sorry I can not give a solid answer here on this one, it sounds like maybe if you feel its his responsibility then you might consider small claims court action.