Sued for pulling someone out of ditch and damaging a car

[Nationalminer84]

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....

 

[NW-ZJ-SCOTT]

It's always a fear I have when offering to help a stranger...

 

[xcm]

Who hooked up the strap at her end?

 

[iwannadie]

Better to not get involved, it sucks but you gotta protect yourself first or ask questions and let them know what to expect if something is damaged. Maybe he should have let her know there may be damage and if she would like him to proceed. Simple asking a few questions before strapping up to a strangers vehicle may have saved both some headaches.

Some guys are out there trying to save the world and have no business doing so. A co-worker of mine years ago tried towing a neighbors car that broke down in the street down the road from his house. Thought it was a simple tow on flat ground, well the guy hooked to a radiator support and it was not very strong and ripped things to pieces.

Things go wrong when pulling vehicles, more so when they are stuck, mostly when you don't know what your doing I say leave it to the professionals and just offer a phone as help and keep everyone safe.

 

[Brandonrcm]

This is the exact reason I won't help people out out on the streets when it gets icey out and people go into ditches.

 

[Nationalminer84]

I know he hooked it up and did it all not really trying to save the world but just trying to help someone out. I just don't get the menatality of someone who flags someone down because they were stupid and went in the ditch and then does this instead of calling AAA...... Wife always got irritated with me when I wouldn't help people well now I hope she sees... I would love to help people out but you never know who you're dealing with....

 

[bjoehandley]

Gotta agree, only time I pulled anybody out was when somebody got their TJ stuck in a snowbank behind the store I work for, and he had tow points, a rope, so we hooked to my XJ's hitch. Considering how these guys got it stuck, I was just going to leave them (suburban strip mall back parking lot, in a safe area), until two coworkers decided to try and help them rock the thing loose, so I pulled them out just in case it would have somehow gone back on me and our employer since I had been closing superviser that night if they were to have gotten hurt trying to get it unstuck.

 

[ehall]

I only pull cars that have obvious tow points

OP, have your friend check if his state has a Good Samaritan law that might apply

 

[Nationalminer84]

He did hook to a point underneath that would have been used to ship the car the strap just broke and apparently the Good Samaritan laws in the state only apply to medical type emergencies

 

[Hypoid]

What a world we live in....

Yup, I have to wonder about helping someone who does not belong on the road. Is it my fault if they wreck again and hurt somebody?

In this age of communication, the most aid I feel comfortable giving, is letting someone stay warm while they wait for a tow truck and/or law enforcement.

 

[xjintx]

Nope I'd still help when asked... but I'm now a capture a video freak... like if / when in an accident. Just tell him you are not responsible and you want him or even her to hook up their end while on video. If they hesitate or don't want to be video'd then wish them well.

 

[Hypoid]

Nope I'd still help when asked... but I'm now a capture a video freak... like if / when in an accident. Just tell him you are not responsible and you want him or even her to hook up their end while on video. If they hesitate or don't want to be video'd then wish them well.

Why not carry a damage waiver for someone to sign?

 

[xjintx]

Here in TX we can drive on the beach at the Gulf Coast. You can't believe the situations some people get themselves into with plain old front wheel drive cars and such. I don't want to be an A hole and just leave them... especially if tide coming in. However like the OP I don't want to be responsible... if the owner knows I videoed them hooking it up and asking for help it keeps an honest person honest

 

[Lowrange2]

Why not carry a damage waiver for someone to sign?

This ^.

 

[Nationalminer84]

I guess then the question would be if a damage waiver signed on the side of the road or just saying "I'm Not Responsible" would hold up in court.....

 

[iwannadie]

I guess then the question would be if a damage waiver signed on the side of the road or just saying "I'm Not Responsible" would hold up in court.....

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 .

 

[seanR]

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

 

[Boss Cherokee]

I've had and have much experience with vehicle recovery situations being employed by the transportation dept. The best thing to do, is if it is a hazard on the highway and it can endanger others, drop the hook or strap in front of the vehicle! Tell them make sure you find a solid point to hook it to and that if they do not damage may/will occur and they will be the ones responsible because they hooked it up! If they want to know where a solid point is, show them on your vehicle and say, some where similar on their vehicle but ultimately it is their decision therefore their responsibility as to any damage to their vehicle.

 

[x-jay vision]

I've had and have much experience with vehicle recovery situations being employed by the transportation dept. The best thing to do, is if it is a hazard on the highway and it can endanger others, drop the hook or strap in front of the vehicle! Tell them make sure you find a solid point to hook it to and that if they do not damage may/will occur and they will be the ones responsible because they hooked it up! If they want to know where a solid point is, show them on your vehicle and say, some where similar on their vehicle but ultimately it is their decision therefore their responsibility as to any damage to their vehicle.

That's great until a piece of their vehicle comes flying at your jeep because they were idiots. For me it depends on the region of the country.

 

[seanR]

I watched a guy hook a strap to his tie rod one time. I wanted to stick around for the hilarity but I told him to unhook it and drove away.