Towing Issues: Accident with a Tow Truck, tow truck driver, bernardo center drive

Question
QUESTION: On Monday, December 15, 2008 I was driving on I-15 North Bound in the rain and went to exit at Bernardo Center Drive. There was an accident off to the shoulder and as I began to exit I noticed a tow truck sticking out into my lane with no warning lights on or anything. This off ramp was 2 lanes and i was in the right lane with a car directly beside me in the left lane. Mind you the tow truck was not in a position to pick up any prior vehicle form the previous wreck. So with no place to go and no room to stop in the rain, I slammed into the tow truck. It was either that or the car on my left exiting at the same time. The tow truck driver then with out my permission loaded up my totaled car on his truck and drove us to his shop 10 miles up the road before I could call and have CHP respond to the accident. After we arrived to his shop we exchanged info and I noticed he only had a Class-C drivers license and he was driving a tow truck rated at 20-tons which if I'm not mistaken requires the driver to obtain at least a Class-B license. He then charged me for the 10 mile tow in which I did not request him to tow me form the accident scene. What should I do or is there anything I can do?

ANSWER: Andrew,

Insurance should handle this. If you feel there are damages that you are not being compensated for through insurance claims, then you may consider a civil suit. Small claims I think are generally under $1000. For larger claims you should contact a lawyer.

Donald

---------- FOLLOW-UP ----------

QUESTION: Unfortunately Insurance does not care that he was improperly certified they say its 100% my fault

Answer
A tow truck is considered an emergency vehicle, so I guess that makes sense. You could at least report this matter to the Dept of justice and see what they think about his actions and licensing requirements.

Towing is such a dangerous job that he is going to get himself or someone else hurt by being in the way with no warning.

Donald