Sued for pulling someone out of ditch and damaging a car

[Tim_MN]

I don't see a waiver or even being on video being much help in court. ......Being on video may not help if the person claims they suffered a head injury and simple don't remember any of it..

If you have a statement on video, there is no ambiguity, or arguing you did know what you were saying.

Myself, I only pull out friends and neighbors. I live in suburbia, so Police and tow trucks are only a few minutes away.

 

[bjoehandley]

This is why I drive on by pointing and laughing at them.

That's what I wanted to do to the guys in that TJ....................coworkers:doh:

 

[WB9YZU]

This may be a bit jaded:
But from what I can tell, any thing you do good can and will be used against you at some point in your life. There's no getting around it. So ultimately, waivers, video, etc, just places you at the scene.

Ultimately it's like picking up a hitch hiker, you never know who you will get, so you either decide you are in the helping strangers game, or out.

I don't pull out too many people, but I don't drive by and laugh either. I've been stuck, so I know what it's like to be on the ****ed end of the stick.

Things I have learned:
* Don't put yourself in danger. If there are others around, and the roads are icy, don't make a special effort. If you get in an accident, the Cops won't take pity on you because you were going to try and help someone 100ft up the road.

* Expect there not to be a tow point. A lot of newer cars don't even have a shipping hook.

* Don't expect that the owner knows anything about the hard points on their car.
These folks are more likely to really mess up their vehicles, or yours, by attaching their own points. Use straps as needed. Tell the owner, that (especially on newer cars) some amount of damage to the plastics may occur because of what you need to attach to to make the connection and give them the option of calling a tow. Once I used a pile of 1" Ratchet Straps because nothing else would fit, and cut it off afterwards (It was a neighbor, who has since bought a more sensible vehicle).

* If you are expecting gratitude as payment, forget it. Some folks will even offer to pay, but a large number probably won't even say "Thanks".

So maybe your best option, even though you have all this fancy equipment, is to check on the Occupants to make sure they are OK, then call 911. It expresses your concern, and gets help on it's way.

 

[Hypoid]

My comment about signing a waiver comes from one of the times I had to use my AAA card. The driver laughed with me when I told him how my tailpipe got wrapped around my axle. Then, he told me he would not load me onto his truck without a damage waiver. No one else is responsible for my stupidity: Fair enough!

xjintx, I appreciate your sentiment.

 

[bjoehandley]

How the hell did you wrap the tailpipe around the axle?!

 

[Hypoid]

The short version is the exhaust came apart and caught a speed bump.

 

[bjoehandley]

Sounds kinda like what happened to Dad's '90 near the end of it's life. Exhaust dropped and Mom ran over the cat, Dad bought a new tailpipe and threw a spare, formerly clogged cat on it and called it a day.

 

[dukie564]

So long story short some woman went off the road in January and flagged my coworker down he pulled her out but in the process the first strap snapped and ripped the rear bumper cover half off. She was angry and threatening him then but as he was going to leave she calmed down and asked him to finish pulling her out as the damage was already done he did and they parted ways. Today he gets served that she is suing him for a repair bill of $1200 and other stuff. Guess she took his plate number down. What a world we live in....

Plate number or not, i'd think that it's exactly the same as a speed camera ticket. How would they prove that it was him driving/doing the towing? They certainly didn't exchange insurance information like in an accident.

Just because the other party says "this is the vehicle tag", i'd like to know what physical evidence they have to prove the accusation. Sounds like someone with a sleezy lawyer trying to make a quick buck. Unless she has video evidence or an eyewitness account, i can't see that holding up in court...who's to say the crash didn't break the bumper cover off?

DENY DENY DENY

 

[ehall]

I like dukie's plan

Also I am wondering, has the person contacted their insurance to see if it might be covered

 

[Nationalminer84]

I don't see a waiver or even being on video being much help in court. The person could say many things to cause the judge to question either one. The waiver is just a random piece of paper and not witnessed by anyone, whos to say it was really signed, are you going to go get it notarized?

Being on video may not help if the person claims they suffered a head injury and simple don't remember any of it. After all they are in a ditch and could have hit their head in the process of getting into that ditch.

If you have to go through so much trouble as to video or make people sign a waiver, just don't do it. Call for help, I don't see the desire to be pulling people out of ditches I really don't. Leave it to the tow truck drivers who are paid to do so and who are insured and licensed to do that work. Also as mentioned, what if the person really shouldn't be on the road and you just pulled them out and sent them on their way? What if they cause a serious accident a few minutes later, are you then going to get cops knocking on your door asking questions?

It's just not worth it Hasta .

Same feelings here it's a he said she said scenario and some roadside piece of paper or video isn't going to help much. People
Can call me what they will but I'll stop, make sure there's no medical emergency (we DO have laws regarding that) and offer to make the call. That's it. I'm not touching someone else's property. Not worth it.