# Towing waiver



## Dupesy (Aug 27, 2004)

Howdy all;
Just wondering if any of you use any sort of waiver for people to sign if you happen to come across them stuck in the ditch/snowbank/whatever before you attempt to pull 'em out. I don't mind giving someone a hand if I have the time, but it seems that this practice could come back to bite me in the a%$.


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## bluejeep (Dec 1, 2005)

I think you should use your best judgement. if its to hard then dont do it. I would very happy if im in a ditch and someone pulls me out for free. + i never seen a towing company make people sign wavers before a tow or a winch out. i think that the only way something would happen is if the towing line snaps and flys into your windshild or the other car.


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## Mick (May 19, 2001)

If you're towing for free, the "Good Samatan" law of your State would apply. If you charge or are in the business of towing, liability cannot be waived.


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## Mdirrigation (Dec 12, 2003)

You have a PLOW truck , leave the towing to a TOW truck .


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## exmark1 (Nov 30, 2005)

It seems like a risk regardless, I have pulled a few out in the past myself though. Normally you can read the person to see if they would be a dick about it, however like stated the good sam law would help you as long as you don't charge money for the service!


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## firstclasslawn (Sep 5, 2005)

*Haha*

PLOW TRUCK = FREE
TOW TRUCK = $80 + 2 Hour Wait

On a more serious note though, I actually have gotten a new customer because I pulled him out of the ditch. He has been one of my best customers too!


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## justme- (Dec 28, 2004)

I have pulled a fair number of cars out of banks, I always tell them there is a possibility of damage as I'm just helping and not a tow truck- they always say that's fine it's better then waiting for the tow. No problems yet.... I just use a j-hook to whatever is solid underneith their car (common sense about what not to pull from helps).

Usually get whatever pocket cash they have forced on me for helping too.


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## BushHogBoy (Nov 30, 2000)

"Whats the worst that could happen" -

Bent frame (seen it happen)
Axle ripped out from under a car (seen it happen)
Frame damaged (happens alot, usually in a small insignificant way you might not notice driving it)
Front end components damaged (very expensive if you hook onto the wrong part by accident)
Brake components damaged (same as above)
BUMPERS BENT (happens a lot)
I've seen factory tow hook on front of a new Suburban get snapped off stuck in snow too..

A LOT *CAN* happen. However I will still pull anyone out free (or take a tip  ) anytime I have time and am going right by them. Give a helping hand in the holiday season and make sure to be careful where you hook, if its a guy not a woman, tell him to hook it and leave the responsibility to him on his vehicle, if its a woman I would not ask her to crawl in the snow, nor would I trust her judgement, not that most men know what they're hooking onto either but at least they are confident in their judgement HAHA...
Give them a card and go on your way, they will remember the incident everytime they look at the card.
Now if they are stuck because they are in my way or trying to be in my way, I will probably just leave them LOL...

Just yesterday I was talking to a friend also in this biz and he said he got another customer last winter by pulling a lady's car out of her driveway where it was stuck for 3 days. She said her lawn and snow guy hadn't showed up after repeated calls, so she switched companies for all her outdoor needs. Turns out these two contractors were friends, but business is business....


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## SnoFarmer (Oct 15, 2004)

I agree with BrushHogBoy on this one.
If it's a neighbor I'll stop and help no questions.
Other wise you have to read them, talk to them alittle.

I like to give them the chain and tell them to hook to something substantial.
If you hook to there car and damage the vehicle towing it you you could be in trouble.
The local tow trucks are licensed by the city and they get a little pissy when they see you low ballers without a license taking there tow. lol... Most of the time I'll call my friend that owns a towing co. he can do it, I'm going to go plow some snow unless she is really good looking , old or if it's really cold then I'll stop to help.


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## crazymike (Oct 22, 2004)

tow truck companies specifically carry towing insurance should something happen to damage vehicle. Just like we carry insurance for slip and fall, property damage, etc...

I find it funny the same people complaining about lowballers doing a driveway for $20 or even free just because the guy has the time, don't mind taking $40 away from a tow truck driver for pulling a car out of a ditch. He has to pay his insurance, his payments, etc...

Personally, I don't mind helping the odd person get unstuck, but I also drive a tow truck and now what works, and what doesn't. But the same goes, I don't get upset if some guy down the road with a plow or a tractor wants to do a driveway for 1/2 price or even free. Because he's just trying to be a nice guy.

I don't honestly believe we are any threat to the tow truck drivers business, just as I don't believe low ballers threaten us. But next time you go to whine about the kid down the road taking business, think about this.


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## Mick (May 19, 2001)

crazymike said:


> tow truck companies specifically carry towing insurance should something happen to damage vehicle. Just like we carry insurance for slip and fall, property damage, etc...


And it's even higher than GL for plowing. Insurance was one reason I decided against towing even after I spent the money and time going to WreckMaster training.


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## crazymike (Oct 22, 2004)

Mick said:


> And it's even higher than GL for plowing. Insurance was one reason I decided against towing even after I spent the money and time going to WreckMaster training.


exactly. It's rediculously expensive. Yet nobody feels bad taking an easy $40-$80 from them. And to add to that, 95% of the people who end up in the ditch were doing something stupid. Going too fast for conditions, driving in conditions they shouldn't, or just being careless.


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## bcf (Oct 29, 2003)

I try to stop and help whenevere I can, but I make them hook up to their vehicle.


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## DaySpring Services (Feb 1, 2005)

Where do you hook up on imports in the front? There's nothing to hook onto anymore!! Theres ususally a hook in the back, but nothing up front!!


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## genrock (Nov 7, 2005)

Waivers are good just write something up that contains the words you understand that damage may come and any damage is not the fault of and owner of the truck doing the pulling is not responsible for and so on and so forth. If nothing else the waiver will cause most people to assume that they wont be able to take action. Most judges will recognize waivers but you will still be liable although the cost of someone taking you to small claims court will far exceed any punishment a judge will impose especially if you have a waiver.

Imports are tricky havent really found a good spot yet and yes I have pulled a few bumpers loose doing them just from the strap being pulled upward from the towing. Dont like doing them and I make sure that I tell the owner that it is a good possibility that it will happen and that they should have a professional tow service pull them out. If they still want my help I tell them where to hook up and make them hook it.


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## Dupesy (Aug 27, 2004)

I kinda figured that good samaritan laws would apply. And I certainly don't/won't do it on a regular basis, and would never charge for it, but if I have the opportunity to take a couple of minutes and help someone out, especially another plow driver, I would. That's just my nature. Thanks all, for your feedback.


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## JohnnyU (Nov 21, 2002)

Leave the winch-outs and ditch calls for the professionals...

You've got your own thing to do, why waste your time trying to pull on someone, when half the time, you are working your truck harder trying to pull them out than you would regularly plowing....

I speak from experience when I say this: If someone has called a tow company and they are en route, DO NOT try to pull that person out, we'll still charge a service fee just for showing up..... and we'll likely be rather angered, as 9 times out of 10, the situation will get worse than when they went in the ditch.


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## Mick (May 19, 2001)

I would agree with leaving winch-outs to professionals. What may look like a good solid place to hook - may not be. Some cars are best pulled by a strap around the wheels; others by a strap through the inside of the car from behind the front seat - and these the strap has to be kept at a certain angle as it goes past the front wheels. 

RidehardNY - The cars you're talking about may fall into the catagory needing to be pulled by the wheels. But if you really want to find out - AAA publishes a book showing tow procedures for every car made.


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## groundbreakers (Jan 16, 2004)

some states have banned the good samaritan laws ... for 3 reasons ... 1 - personal safety , 2- its taken money away from the state , 3 -for personal liability reason ...


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## SnowGuy73 (Apr 7, 2003)

Some of us have plowing to do, we don't have time to be pulling people out of the ditch.


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## jackrusselfire (Jan 5, 2005)

Would you be upset if a Tow Truck with a Plow came by your account and plowed it for a tip. Your customer will like it. He was just driving by and noticed it was sitting there full of snow. I would leave it to the Towing company. Look in the phone book under Lawyers and then look for Snow Removal after that look at Towing Companies. Take the Snow Removal and Towing total and compare it to the total of Lawyers listed. You will see that there are a heck of alot more Lawyers. So as far as a good sam law. A good lawyer can fine an angle if need be. That's why you pay so much in insurance. Plus they are in the ditch for a reason. It was probably the person who almost took off your buddies plow down the road when he was trying to plow a lot. It could be the person who likes to pull up behind you for the space you just cleared and blocks you in. They were in a hurry and couldn't use common sense to slow down. So here is your chance to use common sense and leave it to the Tow Companies. Besides if you cause an accident and get hurt or killed. The good sam law does not take care of your family and friends.


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## Detroitdan (Aug 15, 2005)

There is no way to safely pull out most cars without having the right equipment. A Walmart Proof Coil logging chain with a grab hook and a slip hook is just no good. J hooks are fine on older vehicles or trucks with real axles, but to properly attach to a modern vehicle you need to spend real money on a mini-J hook, and an endless loop recovery strap. I have seen countless cars damaged by tow truck operators not using the right equipment, or most likely not attaching to the right place on the vehicle. Another big concern is shock load. A tow truck has a winch which exerts slow steady pressure. Many yahoos with 4x4 trucks like to run out to the end of the chain or strap at full speed, almost ensuring that they will do damage. If you do try to pull a car, take up the tension first, use low range and pull easy. NEVER try to "yank" it out. If you are spinning your tires, forget it. If the car is on or in a snowbank, you might be able to get it. If it is over the bank or any degree downhill, forget it. If a tow truck has already been called, don't touch the car. I did towing and recovery for several years for a good sized company, I have recovered everything from ricer imports to construction equipment to tractor trailers, I am a certifed Wreckmaster 4/5, in addition to having attended many Towmaster light medium and heavy duty recovery seminars and hands on training, Tom Luciano courses, Big Rig Rescue, you name it. So I think I am qualified to speak on the subject.
Keep in mind that if something should go wrong, you own it. If you damage something and they get in a real accident because of it, you own it. Their insurance company does not want you extricating their vehicle with a plow truck, nor does your insurance company.


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## crazymike (Oct 22, 2004)

jackrusselfire said:


> Would you be upset if a Tow Truck with a Plow came by your account and plowed it for a tip. Your customer will like it. He was just driving by and noticed it was sitting there full of snow. I would leave it to the Towing company. Look in the phone book under Lawyers and then look for Snow Removal after that look at Towing Companies. Take the Snow Removal and Towing total and compare it to the total of Lawyers listed. You will see that there are a heck of alot more Lawyers. So as far as a good sam law. A good lawyer can fine an angle if need be. That's why you pay so much in insurance. Plus they are in the ditch for a reason. It was probably the person who almost took off your buddies plow down the road when he was trying to plow a lot. It could be the person who likes to pull up behind you for the space you just cleared and blocks you in. They were in a hurry and couldn't use common sense to slow down. So here is your chance to use common sense and leave it to the Tow Companies. Besides if you cause an accident and get hurt or killed. The good sam law does not take care of your family and friends.


This what I was saying. You are quite literaly taking $40+ out of a tow truck drivers pocket. Many people say "there are plenty of cars in the ditch for them to make money". But there are also plenty of drives to be plowed aswell, yet we still comlain about lowballers and people doing work for free.


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## fms (Nov 8, 2005)

Detroitdan said:


> Many yahoos with 4x4 trucks like to run out to the end of the chain or strap at full speed, almost ensuring that they will do damage. If you do try to pull a car, take up the tension first, use low range and pull easy. NEVER try to "yank" it out.


Yup. I've done that a few times to get other plow trucks out of snow banks. Snapped the tow hook on my wife's truck trying to get my truck out of a snow bank by "yanking" it out.
Never thought I was screwing a tow guy out of $$ by helping out, but I see the point.
I won't try to pull a motorist out of a snow bank unless they have a tow hook. And even then if the car doesn't come out easily I apologize and leave them for the tow truck.


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## stumper1620 (Dec 19, 2004)

My nieghbor is a wrecker driver, he has bailed me out of bad spots at all hours of the day and night ( some very tough ones) he is always great on me for the fees, then gives me the reciept with a tire change or some other reason for insurance. I always stop for people in the ditch and offer to call my buddy to get them out. he always treats me fair because of this. and when I'm in trouble with my truck I don't have to get somebody to be yanking and jerking on mine to get it out because I know he will be out soon.


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## 04superduty (Jan 9, 2004)

i will only pull people i know out and only if they arnt stuck bad. a couple of years ago i had a bad experience with an idiot when i tried to pull him out. i told him to simply follow me since i didnt want to stop in the middle of the road to un hook the chain. I was going to pull into a drive across the road. the second i pulled him out he turned his wheel hard to the right. well i was still moving and it wipped his truck right around. i stopped and he just kept trying to turn the wrong way. after that lesson i figured, like some have said that there is a reason that they are in the ditch to begin with.


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## RamesesSnow23 (Jan 4, 2004)

I sometimes pull people out, definately if I know them. Otherwise, they have to really be looking like they are desperate for help. If iam pulling them out, I insist on hooking the chain, I trust myself and nobody else to make a decision on where to hook it. Like was said before, if they knew what they were doing, they would not be off the road to begin with. I worry about liability so I dont do it much but often I cant help myself, I like to help people.


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