We have used damage waivers in the past when doing lock-outs. Some people are very apprehensive about signing them. Do you use them? Why or why not.
When we did AAA work we used them alot, my boss hired "kids" who abused the trucks and so on...They were constantly knocking off rods or even breaking windows (I even broke one on a freezing cold night. AAA used to complain all the time about the waivers we used, saying it wasn't binding & sanctioned by them and yadda yadda yadda...So in answer to your post...yes we've used them and continue to use them!:a-okhand:
Just be aware that a signed damage waiver may not hold up in a court of law, particularly if the plaintiff can provide evidence of negligence.Many people are relucant to sign such waivers because they feel the person doing the work has something to hide (perhaps a lack of proper skills), and signing the document gives a license to wreac havoc on their vehicles with little, if any, recourse.
I don't feel that their should be any damage done when doing lockouts, If there is then it should be fixed. A waever should not be used to get out of fixing negligence, should it?
Years ago, when we did AAA, the AAA slip that the member signed, had a release of liability form on the back. You could fill out the form, stating what the member was accepting liability for. The only time that I ever used that form was for lockouts. But I learned from my lawyer that the release would never hold up in court, if the car owner sued for damages. The reason that it won't hold up in court, is because you are charging the customer for the service. And in the case of AAA, AAA is paying you to perform the service, and the member purchases his AAA membership. About the only way that you can duck liability, is if you are a CIVILIAN, in other words, not a tower for hire, and you were acting as a good samaritan, and you were not collecting a fee. If you collect a fee, you are liable. No fee, probably no liability. Notice that I said "probably". With today's court system, you never know!
I have a "fine print" at the bottom of my tow tickets, which says we aren't responsible for damage done while towing etc. I put it there in hopes that the damage happy customers would be disuaded from trying to claim bogus damages. I always fix and or pay for damage we have done, but you know how many of these people try to ahve their intire car rebuilt on my tab? I am disgusted with the people who try to get something for nothing, when we are there in the first place to help them!
This past winter was the worst winter I ever had, in regard to people blaming us for so-called "damage". We did a lot of snow removal towing this year. And, snow removal towing generates the most anger from people, when they come in to pick up their cars. I inspected a lot of the cars before we towed them, and noted the pre-existing damages on the invoice. But people tried to blame us anyway, because they were mad that they got towed. The actions of one customer has put an end to the acceptance of credit cards for any non-consent towing for good. We towed him three times, over the course of 36 days. He paid for each tow with a MasterCard. He contacted MasterCard, and put a stop payment on the second and third tows, but not the first tow. Maybe he waited too long to do that, so he couldn't contest the first tow, I don't know. At this point, I am still fighting with my credit card processor over this incident. I don't have a final answer yet. But, I have requested that the chargebacks be reversed twice, and twice my request has been denied. The third time that I requested a reversal, MasterCard requested a copy of the parking ordinance, and the list of streets that parking is allowed on, during a storm, if you can believe it. I don't understand what business it is of MasterCard's, what the parking ordinance is. The guy presented his card to pay for the tow, we checked his driver's license, against the name on the credit card, we swiped the card through the terminal, and got an authorization number. And the customer signed it. So, what's the problem? As far as your release of liability, Jeannie, that too, will never hold up in court if you get sued. If you are charging the customer for the service, you are liable for damage that you do. I have no problem standing behind our work, and taking responsibility for what we "do". But, I flatly refuse to pay for damage that we did not do, just because the car owner is "mad".
(Edited by Don 29 Years at 1:01 pm on June 3, 2001)
(Edited by Don 29 Years at 6:48 pm on July 18, 2001)
Don: And people wonder why we want cash. Would you believe, that in my state, we are required by law to accept personal checks for impounded vehicles. Needless to say I'm Breakin' the law!
Years ago, some state rep or senator kept filing a bill, that would require us to accept checks and credit cards for non-consent towing. Our association always had the influence to get the bill defeated, every year. Now, they still file the same bill every year, but they have dropped the check idea, and only shoot for credit cards. After what has happened to me, as far as I am concerned, the next time that they file a bill like that, we need to make them understand that there needs to be a stipulation in that credit card law, that the customer cannot put a stop payment on the charge sale. If we are required to accept the credit card, we need to have the confidence that it is as good as cash. I don't have that confidence, right now. Putting a stop payment on a credit card sale that was properly and lawfully transacted, is STEALING!
Just a note to say Hi. No, we do not use weiver forms of any kind. Do a good job, as if it were your vehicle, because in a sense, it is your vehicle right now while you are towing it etc. You are the one the customer called because they trust you. Not to sign away rights and damage weivers. Yes, I have knocked a rod off of a car out in the cold at 20 below. But it was taken to the shop and repaired same day. I hope you do this with all of your damages too... I mean the ones that your drivers admit to. Thanks for listening.
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