DIYbanter - View Single Post - OT

In article ,
says...
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.

Two thoughts:

1. What did your son sign before having the work done? There's a
very good chance he explicitly acknowledged the risk of damage from
the tow and waived his right to recover against the tow operator for
anything short of willful negligence. (If so, remind your son never
to sign a contract without reading it first. Tow operators aren't
the only people whose contracts are designed to protect them from
dissatisfied customers.)

If the car was in your son's care and control, and if he acknowledged
the risk of damage and waived claims against the tow operator, your
beef is with your son, not the tow operator.

2. Were the police called? If not, you might save the most money by
paying for the repair yourself, since that keeps your son's negligent
accident off of insurance records.

(Legally, of course, you should report the accident to the insurance
company yourself, probably required by your insurance contract. But
a lot of people take care of little things themselves to avoid
raising their insurance premiums. Not exactly legal, but common.)

If you get away without the insurance company finding out about your
son's accident, remind him how extremely lucky he is to only have to
pay off the repair bill instead of paying more for insurance for the
next several years.

--
is Joshua Putnam
http://www.phred.org/~josh/
Braze your own bicycle frames. See
http://www.phred.org/~josh/build/build.html