On 25 Dec 2005 04:59:53 -0800, wrote:

"The part you are not seeing is that the damage to the car
would have never occurred unless the car went into the ditch."

And what does that have to do with anything? I suppose if Toller
takes the car to a body shop for repair and they let it fall off the
lift while it's there, the body shop isn't responsible either, because
it never would have occurred if the car went into the ditch? How
about if the body shop sprays paint onto his seats? That wouldn't have
happened either if the car hadn't gone into the ditch. Who's right
here depends on many things, but the fact that the car was in the ditch
has nothing to with it.

It also has nothing to do with how old the son is; whether he is
living with his parents or in a whorehouse; whether he was racing in a
school zone or avoiding an old lady in a wheelchair; or who is paying
for the repairs.

Fact, according to the OP, the tow truck driver acknowledged he
damaged the car and that it was unavoidable. Maybe so, with the
equipment *he* had. If he could not do the recovery without additional
damage, he should have declined the job or waited for proper
equipment. A more technical recovery probably would have cost more but
that is not our topic here.

In this state at least, once he attaches his hook, he is in "care,
custody and control" of the vehicle. And is liable for damages to it
other than illegal acts such as theft, arson or vandalism.

Most towing companies actually engage in two main businesses; recovery
and towing. Recovery is getting the vehicle in a position to tow.
Maybe pulling from a ditch or a lake or getting it off its roof. Once
it is "on the hook" and moving, it becomes cargo.