Toller wrote:
I suppose this is as good a place to ask as any...

My son drove my car into a ditch. The tow truck operator winched it out,
but slightly damaged a panel. He pointed it out and said it was
unavoidable. It isn't much, but any sheet metal damage is expensive to fix.

Legally his position is untenable. If the damage was unavoidable he should
have advised my son first and gotten authorization to do it; but he didn't
say a word about possible damage, he simply gave my son a price and went to
work. That is adequate to show negligence and liability in small claims
court.

But I don't want to be a jerk about this. If it truly was unavoidable
(except perhaps by means that would have cost more than the damage) then I
don't want to hassle him.

On the other hand, if the tow truck operator screwed up and carelessly
damaged my car, I don't want to be chump and absorb the loss.

You see the dilemma? Any advice here? No, no, I mean helpful advice...

I don't see how anyone can tell whether the damage was avoidable or not
without having seen the car in the ditch.

What are the laws are in your state that govern the business practices
and requirements of tow truck drivers?

Towing a car out of a ditch involves risk, much like putting it in
there in the first place. If your son had hired a crane it could have
been removed without further damage (I'm assuming that there was some
damage from driving into the ditch). Does the fact that the car
sustained damage while being towed out automatically establish
negligence? I don't think so.

It's also possible that your son is willing to share some of the blame
with the tow truck driver. Other than your son, no one knows what
happened while he had the car.

R