"Toller" wrote in message
...
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.


So.....now you can say that letting your son drive means that damage to your
car caused by his driving is unavoidable...correct?
I mean, it was not in a ditch before he put it there.


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.

If the damage was going to happen, due to the cars location, position in the
ditch...and any company would have said, we are not going to pull you out
because you might sue us over your sons failure to be able to correctly
control a vehicle, and now, the vehicle is in a position that it can not be
recovered without some more slight damage, then the car would still be in
the ditch right?


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...



With a good lawyer, anything is possible.