Love the car but...

[Mach1E]

I agree. My question was who contacted/contracted the tow company - the customer or the dealer? If the dealer contacted/contracted the tow company then I believe (I could be wrong) that the dealer is the liable party. If the customer contacted the tow company, even if it was through roadside assistance, then the liability does not flow through the dealer.

It doesn’t matter who called the tow company.

The tow company is responsible for the damage the tow company does to your vehicle.

In a court, you could try to sue and assign “some” blame to Ford.

But you would have to prove that they have a pattern of negligence by not vetting tow companies or something like that. And even in that case, they would only be “partly” responsible. Good luck!

The tow company is an independent subcontractor. Emphasis on “independent.” They aren’t owned by Ford, don’t work for Ford, and aren’t insured by Ford.

I don’t know why people try to go to Ford in these situations. START with the people who actually damaged your vehicle!!

It would be like suing a parking lot owner because someone backed into your car rather than the person who backed into your car.

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[Motomax]

While I get where you're coming from, my concern is from a legal standpoint of, I didn't call the towing company. Ford is providing a service via contract to offer roadside assistance to Ford Customers at little to no expense to us. In this instance and in many instances, Ford found it to be viable to offer this roadside assistance and therefore should make sure that any agent (towing company) of theirs should be able to actually service the vehicle as not to damage it. If Ford has a contract with towing, it should be in Fords best interest to not damage one of its prize new and arguably most expensive to repair vehicles.

However, I'm getting a similar response to what you said where Ford says we didn't do it and you have to go after the tow company. It just doesn't seem right to me considering all the other factors.

But ford’s not providing a service, they are the customer. Just like Ford isn’t responsible for dealerships damaging cars they aren’t responsible for tow trucks damaging cars. Ford has a responsibility to provide a warranty repair. The tow company and dealership is a service provided to ford to fulfill that responsibility.
Now they can help you with a claim since they have more pull but that's really not a requirement.

 

[NewGuy]

If I have a contract (roadside assistance) with a general contractor (Ford) and they bring in an independent plumber (tow company) to do some work (tow my car), but the plumber (tow truck driver) causes a big leak (gash in the bottom of my car) I’m going to go after the general contractor (Ford) to make it right.

 

[Mach1E]

If I have a contract (roadside assistance) with a general contractor (Ford) and they bring in an independent plumber (tow company) to do some work (tow my car), but the plumber (tow truck driver) causes a big leak (gash in the bottom of my car) I’m going to go after the general contractor (Ford) to make it right.

Not only is that NOT how the tow truck relationship works, even in the situation above you should talk with the plumber first.

In the relationship you mentioned, the plumber is hired by the GC and reports to them. And they’re covered under the GC permits, etc.

The tow truck company is just a vendor, not under Ford’s authority. They have their own employees, business name and most importantly….. their own insurance!!

Bottom line? This is an INSURANCE CLAIM, and Ford’s policy does not cover damage by the tow truck company.

The tow truck company’s insurance company does though.

 

[AKgrampy]

It doesn’t matter who called the tow company.

The tow company is responsible for the damage the tow company does to your vehicle.

In a court, you could try to sue and assign “some” blame to Ford.

But you would have to prove that they have a pattern of negligence by not vetting tow companies or something like that. And even in that case, they would only be “partly” responsible. Good luck!

The tow company is an independent subcontractor. Emphasis on “independent.” They aren’t owned by Ford, don’t work for Ford, and aren’t insured by Ford.

I don’t know why people try to go to Ford in these situations. START with the people who actually damaged your vehicle!!

It would be like suing a parking lot owner because someone backed into your car rather than the person who backed into your car.

We will have to agree to disagree. If the dealer were to send your car off site for say glass work and something happened to the car the dealer would be responsible to you for all the damages and the dealer would have to collect from the third party. If the dealer set up the tow then the tow company is under contract with the dealer. The tow company’s insurance will still be responsible but the relationship would be between the dealer and the tow company. If it was my responsibility to get the car to the dealer and I set up the tow then the relationship would be between me and the tow company. At least that is my understanding of the law. Once again I am not a lawyer. When I was still working for the utility if we hired a contractor to work for us and they damaged a homeowners facility we had to make it right with the homeowner but then made a claim against the contractor.

 

[RMoore]

We will have to agree to disagree. If the dealer were to send your car off site for say glass work and something happened to the car the dealer would be responsible to you for all the damages and the dealer would have to collect from the third party. If the dealer set up the tow then the tow company is under contract with the dealer. The tow company’s insurance will still be responsible but the relationship would be between the dealer and the tow company. If it was my responsibility to get the car to the dealer and I set up the tow then the relationship would be between me and the tow company. At least that is my understanding of the law. Once again I am not a lawyer. When I was still working for the utility if we hired a contractor to work for us and they damaged a homeowners facility we had to make it right with the homeowner but then made a claim against the contractor.

This is exactly the example I was thinking of. Once the call is made to the Ford dealer and they agree to take care of the car, why wouldn't it be up to them to deal with whatever happens "under their watch"? The OP did not contract out to the tow company, the dealer (of FMC) did. I assume they handled the finances etc. Hard to imagine this should be on the car owner's shoulders, since they have no relationship with the tow company, but to echo others, I'm not a lawyer and so am only postulating here.

 

[AKgrampy]

This is exactly the example I was thinking of. Once the call is made to the Ford dealer and they agree to take care of the car, why wouldn't it be up to them to deal with whatever happens "under their watch"? The OP did not contract out to the tow company, the dealer (of FMC) did. I assume they handled the finances etc. Hard to imagine this should be on the car owner's shoulders, since they have no relationship with the tow company, but to echo others, I'm not a lawyer and so am only postulating here.

If the car owner went thru the Ford assistant for the tow I do believe the relationship would still be between the tow company and the car owner. Only if the dealer was the entity that contracted for the tow do I think they assume the responsibility. Once again I may be in la la land - any attorneys out there?

 

[thefallenbeloved]

Two questions - did you contact the tow company or did the dealer and what proof is there that the tow company caused the damage? Not a lawyer but I would think that is Ford schedule the tow then the liability should be on Ford and they need to make a claim. If the tow was placed by you then obviously the claim would be between you and the tow company. The other issue is if no one witnessed the damage after the initial tow it will be hard to pin the damage on them. Just things to consider. If there was a way to get Ford to take back the car I certainly would make that attempt assuming you would prefer not to keep it.

I called Ford Roadside and they contacted Agero it sounds like who contacted a local tow to do the actual work. I agree with you but it sounds like there is some legal gray area here where who's ownership is it to make sure the tow company is properly trained on how to tow this car.

I'm of the belief right or wrong, that if I'm contacting Ford to service my vehicle, my relationship is with Ford not Agero or whomever else they sub it out to. Ford should fix my car, then Ford should be going after the tow company for damages and reimbursement.

 

[AKgrampy]

I called Ford Roadside and they contacted Agero it sounds like who contacted a local tow to do the actual work. I agree with you but it sounds like there is some legal gray area here where who's ownership is it to make sure the tow company is properly trained on how to tow this car.

I'm of the belief right or wrong, that if I'm contacting Ford to service my vehicle, my relationship is with Ford not Agero or whomever else they sub it out to. Ford should fix my car, then Ford should be going after the tow company for damages and reimbursement.

I hate to say it but if you lined up the tow I do think you will have to deal with the tow company. Big problem here is how to prove the tow company did the damage! Have you contacted your insurance company yet? That may be your best path at this point.

 

[thefallenbeloved]

I hate to say it but if you lined up the tow I do think you will have to deal with the tow company. Big problem here is how to prove the tow company did the damage! Have you contacted your insurance company yet? That may be your best path at this point.

I called Ford Roadside, they picked the tow company, and time to provide the service.

 

[Studly]

Best to fight with insurance, rather than to try to 'win' on a forum. We are of no help to you. Sorry. Really, it's not a good problem to have. Truely, I hope it resolves. Edited to be kinder:

It could have been 'accident' rather than flatbed issue - which goes to your insurance.

You may best try your own insurance, and get them to sort it out with the tow company. If the tow company has taken responsibility, this is the path to take.

If the tow company is not admitting to be fully liable, can you prove it was the tow, and not some other driving 'oops' when someone was at the wheel? Proof that it was the tow, rather than an off road adventure will be needed.

" In the process of lifting, they found out that the previous tow for when my 12v Battery died, and they put it on a flatbed, they ripped a hole in the outside frame of the battery. It doesnt affect the battery according to Ford but its about a 1 1/2 inch by 4 inch gouge in the underbelly of my car. "

 

[Mach1E]

We will have to agree to disagree. If the dealer were to send your car off site for say glass work and something happened to the car the dealer would be responsible to you for all the damages and the dealer would have to collect from the third party. If the dealer set up the tow then the tow company is under contract with the dealer. The tow company’s insurance will still be responsible but the relationship would be between the dealer and the tow company. If it was my responsibility to get the car to the dealer and I set up the tow then the relationship would be between me and the tow company. At least that is my understanding of the law. Once again I am not a lawyer. When I was still working for the utility if we hired a contractor to work for us and they damaged a homeowners facility we had to make it right with the homeowner but then made a claim against the contractor.

We actually don’t have to agree to disagree here.

There is a correct answer, and Ford gave it to the OP, the liability is on the tow company.

You may disagree philosophically, but the legality of how insurance works in this situation is clear.

 

[Mach1E]

This is exactly the example I was thinking of. Once the call is made to the Ford dealer and they agree to take care of the car, why wouldn't it be up to them to deal with whatever happens "under their watch"? The OP did not contract out to the tow company, the dealer (of FMC) did. I assume they handled the finances etc. Hard to imagine this should be on the car owner's shoulders, since they have no relationship with the tow company, but to echo others, I'm not a lawyer and so am only postulating here.

Because the tow company isn’t “under their watch.”

It’s an independent contractor.

Again, this is an “insurance liability question.”

Q: whose insurance covers damage by a tow company?

A: The tow company’s insurance

 

[RMoore]

How does a flatbed cause a 4 inch gash in your car? Flatbed tows are common, and damage like that is not common. 4" reads more like an off road adventure than a tow truck mishap. Imagine the sound of a 1.5" gash for a half foot of dragging and the operator not stopping the winch. Anything may be possible. This is unlikely.

If you read some threads here about problems with tow trucks and damage to batteries you'll see that this has happened to others. It seems that some tow truck drivers mistakenly think that some of the holes on the battery cover under the car are where they should connect their towing cables. Not sure if that is what happened here, but there is certainly precedent for this.

 

[Mach1E]

I called Ford Roadside and they contacted Agero it sounds like who contacted a local tow to do the actual work. I agree with you but it sounds like there is some legal gray area here where who's ownership is it to make sure the tow company is properly trained on how to tow this car.

I'm of the belief right or wrong, that if I'm contacting Ford to service my vehicle, my relationship is with Ford not Agero or whomever else they sub it out to. Ford should fix my car, then Ford should be going after the tow company for damages and reimbursement.

The problem is this is NOT Ford’s first rodeo.

They’ve been offering roadside assistance for a very long time and they know whose insurance covers the damage. And it’s not Ford (which is what they told you).

If you push hard Ford may help you with the claims process, but more likely they won’t get involved at all as it can be a legal matter between you and the tow company.

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