Towing Issues: Towing Damages, aaa membership, oil slick

Question
I had to have my motorcycle towed yesterday.  I have an AAA membership and called them for the tow.  They sent out a flatbed tow truck from a local company (Aliso Viejo, CA).  This driver did not have a front wheel chock to wench my bike up, so there are two alternatives. 1- the rider sits on the bike and the driver pushes the rider and the bike up onto the flatbed and the rider holds on the brakes to prevent the motorcycle from rolling off while the driver raises and levels the flatbed. 2- the driver wheels the bike up onto the flatbed them-self (or with help) and the rider works the flatbed to raise and level it.  We did alternative 1 yesterday, except the driver pushed me up onto the middle of the flatbed, right onto an oil-slick.  I was gripping the brakes, but the bike slid right off the flatbed and toppled over, on top of me.  I am okay except for some nasty bruises.  The left side of the bike is pretty scraped up, and thankfully I have rollbars on the bike or else it would have landed on my leg and crushed it!  I called AAA to report the drop, and was instructed by them to call the tow company and see if they would pay for the damages.  The tow company's service manager I spoke with implied that the drop is my fault since I was on the bike, and has not returned any follow-up calls.

AAA says they are filing a complaint, but they were not clear if they would be seeking payment for damages, or if it is my responsibility.  I am curious what my course of action is now, and if the tow company is at fault.

Thank you.

Answer
Well in my opinion, there is a nice legal issue here. Yes you were on the bike but they were called to do the job and did not have the equipment to do the job properly and safely.

Any good lawyer will have fun with this one. But I feel that you are not really looking to go that route, as you most likely want the bike repaired.

Now the tow company sounds like they are "feeding you a line" and hoping you will go away if they do not return calls and such.

AAA is good for the member in fighting with contractors for damages and such, so you might be in good hands. But I have to say one thing about AAA and other motor clubs.

Ultimately they want to get your membership fees, and pay the tow company the lowest possible price so that they make the most money. Yes they are very low priced in payments to tow companies. You would be amazed at the difference in payments if you called for the tow and what the motor club paid for the same services.

Sometimes threats and bluffs work in getting the tow company to act in cases of damages and you might have to go that way, and if they keep on avoiding you, then contact a lawyer and see what they suggest.


Good luck and I wish I could help more