Is a tow truck company liable for damage to my car if the receipt that I signed had a damage waiver?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a tow truck company liable for damage to my car if the receipt that I signed had a damage waiver?

Mechanical troubles forced me to call a tow truck for a tow. The truck was a flatbed type with hooks to pull it up the ramp when it was inclined. When we get to my house, I notice that the tension in the cables for the hooks were pulling my foglights down; they cracked the housings for them. I took pictures of it still on the tow truck, and the driver knew he damaged it when he tensioned the cables and did not inform me. He should have got a different type of truck out there. The problem is, the receipt I signed after delivery has a damage waiver for the tow company.

Asked on April 30, 2011 under Accident Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A liability waiver is generally enforceable; that is, a party can contract away it's right to sue. That said, a waiver may not be enforceable in certain circumstances, such as if you were forced to sign (e.g. the driver threatened to drive away with your car if you didn't sign), or if you were tricked into signing in some way (you were specifically told there was no waiver, but there actually was one, hidden in very smal print). Also, a waiver is only enforceable within it's precise terms, since it is a contract of sorts. For a definitive answer as to your specific situation, you should take the wiaver to an attorney who can review it--and all the facts surrounding it--in detail.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption