Back in January, I lost control of my vehicle and went off road in a snow storm. I was stuck on the side of the road, but fortunately there was no damage to my car. I called AAA and they sent a truck over. During the extraction my vehicle rubbed a wall, causing significant damages. Due to the tow operator negligence/incompetence/impatience, my car has a nasty dents and scrapes (all this after a new paint job).
I am wondering what the proper course of action would be in order to receive compensation for the damages caused. Should I consult a lawyer and pursue the tow company? Should I contact AAA and have them pay? What is the right thing to do?
If there are any more details that would help, I will gladly explain further.
Thanks.
Well not being there to see what happened makes it a little hard to say. But I can tell you AAA won't pay a thing and unfortunely you waited too long. The time to have done something was the same or next day after and taking pictures. 7 months later no one can prove when the damage was done. Did you call Police to report damage at that time, so there was a report made? Sorry. 
I think the best way to handle this complaint would be to forget it. After all who put the car in the ditch, also did you do a complete pre-winch inspection before the tow truck arrived. And did you notifey AAA/towing company right then about possible damage to your vehicle.
I for one am tired of the DOPES that put there vehicle in ditches, then expect us to retreive them without any damage, sometimes that is impossible.
Jerry
Hello dthrottle, welcome to ITOW Talk!
I think the right thing to do is to discuss your issue with the tow company. Let them know that you think the job was sub-standard and ask them to make it right. I would also approach AAA and ask them for some kind of recompense.
While I understand you anger, you have some legal problems with pursuing this claim. The first is likely the law itself. Many states exempt police and tow operators from damage claims while clearing highways. These laws sprang up after several studies showed that states lost millions of dollars every hour a major highway was blocked by accident. In our state it's not uncommon for the WSP to instruct a tow company to simply drag a vehicle off the highway to open the roadway.
The second legal hurdle is the time you have waited to file your claim. While you have not exhausted the statute of limitations, the judge is going to want to know "why now?", and "why not then?".
And finally, I think It's also going to be very difficult to prove that that your car was completely undamaged during the accident and that the tow company was negligent in recovering the car. That is to say that generally, while recovering a vehicle from an area not designed for vehicle traffic, some damage is expected.
I'm not saying not to pursue it, but I honestly think these will be issues.
Unfortunately, I think you received the AAA recovery. No offense to AAA providers but when you get paid $21 for a recovery how much state-of-the art equipment and training can you provide? In fact, I think you only get 1/2 hour of time at the scene; hardly enough to rig a complicated recovery. You know... you may have a better case against AAA than I thought since they're the ones who place these limitations on their providers. Hmm......
Just my opinion. Good luck.
Actually Bill, in your comment about going after AAA. If this was an accident.....Technically AAA is not responsible for the recovery. UNLESS........the person doesn't have insurance coverage. If they have insurance coverage, AAA won't pay for the call. And we usually get $45 for a recovery.
This has been our experience. In regards to trying to get compensation out of a tow company after this long. I would tell you to prove my driver negligent. If there was significant damage to your vehicle you should have called the company or stated so on the spot, then contact your insurance company to handle the situation. Most likely you won't be able to get compensation after this length of time.
Although I could be wrong. GOOD LUCK!
Towlady
if aaa only pays 21-45 dollars for recovery do providers have the right to charge more for more time and who pays? my opinion is if aaa can be a race car sponsor they could maybe pay their providers some more money. 
Thanks for the advice. I did contact AAA when the damage occurred. They sent an investigator over who believed that I caused the damage, though by expert analysis it is evident that the damage was caused by the extraction.
After that I was discouraged, so I left it alone because I didn't know there was anything I could do and I was leaving for military training in a month. Now I am back and considering my options. It's no big deal, but I'd like justice served.
As for the DOPES (re:Jerry's Garage), it is good that they exist. Otherwise, you'd be out of a job.
Sorry to hear that AAA didn't do anything about the complaint. Normally they still contact the tow company and get there side of the story.
As for the "DOPES" comment. I think everyone has accidents and because of this we all have jobs. Also because someone felt they were wronged doesn't make it right for you to slam them because of it. That kind of talk doesn't impress me and makes me wonder if you would have the same attitude if it was your vehicle and you felt the same way?
Enough Said!
Towlady
OK, maybe the word "Dope" was wrong, but how many of you towers have pulled a vehicle only to have the owner say you damaged it when YOU know that you did not. That is the type I am refering to.
Sort of like the old tell "You put the idler arm on my car now it won't idle"
And as far as passanger vehicles, I do not even have water for a car, Class 8 trucks only. Big Trucks, Big Bucks. I do not even work on my own pickup, that is why we have Mr. Ford.
If the guy took offense to me saying "Dope" then I apolige.
Jerry
Thank you for the clarification 
FYI I don't work on my own cars either.
Have a great Day
Towlady
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