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Tractor Talk Discussion Board

Re: Getting sued for towing a motorists car....


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Posted by MarkB_MI on October 09, 2016 at 08:40:30 from (70.194.8.102):

In Reply to: Getting sued for towing a motorists car.... posted by chuck2015 on October 09, 2016 at 07:53:51:

Well, anyone can sue anybody for anything. That doesn't mean they will collect a dime or that they will even get a chance to go before a judge to state their case.

IANAL, but I think it does matter if you charged the person for pulling them out. The other party isn't going to get much sympathy in court if you offered to pull them out for free and broke something in the process. Of course, the other party's insurance carrier may well try to collect damages from you, which is why you need insurance.

Now if the other party slipped you a ten after they're back on the road, that wouldn't be the same as if you demanded payment. The latter would constitute a contract, the former would not. If there's a verbal contract, then you're basically in the same boat as a commercial tow company, and those guys carry insurance for good reasons.


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