"Toller" wrote in
:

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.

How?
How much is "slightly damaged"??
What "panel"?
(and what kind of car?)

Were you present for the pullout?

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.

The question is;was it foreseeable that the "slight damage" would happen?

That is adequate to show negligence and
liability in small claims court.


Jeez! I'd be expecting my son to be paying for any damage.
He's the one who put the car into the ditch.
He might learn an important lesson from the experience.
(also to accept responsibility for his actions)
How old is your son?

BTW,what does the towing bill say?
Any disclaimers on the back,fine print,etc.?
Got any *proof* that the panel was undamaged before the tower did his work?
Witnesses other then your son?
This would have been one place a cellphone camera would have been useful.


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...


See a lawyer.Then you will get good advice.

Looking for good advice for legal matters on Usenet is unwise.

--
Jim Yanik
jyanik
at
kua.net