Recovering a vehicle and damage.

[VICTORG93307]

K this hit me yesterday as I was trying to get a truck out of the stuck situation it was in. Truck had no front recovery point other than A arms but I wasn't going to yank on an A arm as I might end up with it as a hood ornament. So had to go around it prob is there was lots of snow and the road was very narrow. As I tried to make my way around it I had to keep momentum and was going a tad fast to not loose it my car hits a tree log a sends it bouncing tirades the truck. I was able to not hit anything other than just the step and keep going without getting stuck myself. Now my question had I plowed into the truck and say I pulled a Harry and destroyed a door who is held responsible for damage arising from recovering a vehicle in need?? I'd like your insight on this as I don't think anyone want to find this out the hard way and somehow we lose a member or members over something of this nature as I'm sure it will come up eventually.

[TheBigDogg]

[quote="VICTORG93307"][color=#BF80FF]K this hit me yesterday as I was trying to get a truck out of the stuck situation it was in. Truck had no front recovery point other than A arms but I wasn't going to yank on an A arm as I might end up with it as a hood ornament. So had to go around it prob is there was lots of snow and the road was very narrow. As I tried to make my way around it I had to keep momentum and was going a tad fast to not loose it my car hits a tree log a sends it bouncing tirades the truck. I was able to not hit anything other than just the step and keep going without getting stuck myself. Now my question had I plowed into the truck and say I pulled a Harry and destroyed a door who is held responsible for damage arising from recovering a vehicle in need?? I'd like your insight on this as I don't think anyone want to find this out the hard way and somehow we lose a member or members over something of this nature as I'm sure it will come up eventually[/color].[/quote]
[color=#FFFFBF]I would ask someone that works for an Insurance company, they would have all the right answers[/color]

[Bert338]

Hmm, I would think that if you are helping one of us we know that shit happens. I know it, busted an axle trying to help. I don't blame anyone, stuff happens.
Now if your helping some one who is not an off roader and is just stuck and you bust something of theirs they may bitch about it or not. What happens if you break something of yours helping anyone...are you going to be good with taking care of the break yourself?
They could blame you for not doing it right and want you or your insurance to cover their loss.
Thats why towing company's carry insurance. But to answer your question using your facts....they are stationary and your moving and hit them....its your fault.

[VICTORG93307]

I would ask someone that works for an Insurance company, they would have all the right answers[/color] [/quote]
so not the answer I was looking for.

[TheBigDogg]

[quote="VICTORG93307"]I would ask someone that works for an Insurance company, they would have all the right answers[/color] [/quote]
so not the answer I was looking for.[/quote]
ok, how about this, you remove someone from a burning vehicle, and in the process the guy dies because he had a broken neck, should have called a tow truck!

[munepit]

Thats funny right there!

[Bert338]

[quote="TheBigDogg"][quote="VICTORG93307"]I would ask someone that works for an Insurance company, they would have all the right answers[/color] [/quote]
so not the answer I was looking for.[/quote]
ok, how about this, you remove someone from a burning vehicle, and in the process the guy dies because he had a broken neck, should have called a tow truck! [/quote]

Good Samaritan law covers your ass on that.

[TheBigDogg]

there should be an understanding prior to recovering someone, if someone was to help me get unstuck(like that will ever happen) and they broke something, I would do my best to help them out, but if something of mine broke(better not happen) then I would assume resposibility because I was stuck!

[VICTORG93307]

[quote="TheBigDogg"]there should be an understanding prior to recovering someone, if someone was to help me get unstuck(like that will ever happen) and they broke something, I would do my best to help them out, but if something of mine broke(better not happen) then I would assume resposibility because I was stuck![/quote]


I feel the same about you. I think im going to carry liability waiver forms with me at all times. I just feel that at some point theres going to be conflict when someone breaks something and one party will seek compensation from the party that was there to help out.

[Frylock]

I was told to always let them hook up the strap, if something brakes then its there fault for not hooking up properly. If they are complete nubs then I would recommend a recovery point and tell them of the risks, but still have them strap it in. Might be a good idea to carry around some waivers or a tape recorder. People sue about anything now-a-days and its always a good idea to cover your a$$ when posible.

I personally will not hook up to a vehicle without solid axles at the very least unless they have a proper mounting point.

[Mickey]

What are u talking about harry? I just pulled ur ass out of like 6inchs of mud like 2 weeks ago! lmao

As for who's fault it is? It would be urs cause ur the moving vehicle. When ever I pull aa stranger out I always let them hook up there own side of the strap and fore warn them that if something breaks its not my fault and won't be held accountable.

[Desert Dog]

[quote="Bert338"]Good Samaritan law covers your ass on that[/quote]
The good Samaritan law only protects you in situations where a reasonable person would believe that there was danger of death or serious bodily harm. It does not extend to automobile recoveries. Yes, people have been found liable for damages while trying to recover others.

Honestly, I see some boneheaded recovery attempts all the time by people that often put the victims vehicle and personal safety at risk; like the assholes that want to ram you with their bumper to push you out, or the numbskulls that hook their steel winch line up to you and try to use it like a snatch strap, or the newb who doesnt know the difference between a snatch strap and a tow strap, or the guy with walmart strap with metal hooks, or people who hook recovery lines to things not meant to take that kind of stress.

Some good rules to follow:
1) If your winch has steel cable or you are using a snatch strap, never hook to anything but a recovery attachment. If the stuck vehicle does not have one, do not use your winch or snatch strap (this has killed people). Don't put lives at risk to pull a guy out of a mud hole. This is why off-road clubs require members to have front and rear recovery points.

2) If using a chain or synthetic winch line, you can be more creative with attachment points, just be mindful that you may damage something if hooking to an axle / A-arm / bumper hoop. If you must do the recovery and there are no good attachment points, let them hook it up and explain to them that they might do serious damage to their vehicle.

3) Although it is considered "trail law" for the stuck person to do the rigging, I only let people I know and trust do it.

4) To protect the safety of others, and to mitigate your own liability, keep spectators away from the area while winching. Its also a good idea to throw a rug, blanket, or even a jacket over a steel winch line to slow it down if something snaps under tension.

5) Always keep at least 4-5 wraps on the winch spool. A snatch block is also a good thing to have because it doubles the power and allows you to winch at different angles - this is really helpful in tight places. Ive used a snatch block to winch a vehicle backwards while I was in front of it.

6) Never wrap a winch line around anything.

Here is vid of a snatch strap that went through a spare tire;
http://www.youtube.com/watch?v=YR22oP1WRtY

Steel winch cable comes unhooked during pull;
http://www.youtube.com/watch?v=m1NnL83UpuQ

This is why sometimes a strap or winch just wont do the job, its time to use the hi-lift and shovels;
http://www.youtube.com/watch?v=HEtuO-Mh ... re=related

[TheBigDogg]

[quote="Mickey"]What are u talking about harry? I just pulled ur ass out of like 6inchs of mud like 2 weeks ago! lmao

[color=#FFFFBF]You Have Proof?[/color] [color=#00FF00]it was 4 ft of mud[/color]
As for who's fault it is? It would be urs cause ur the moving vehicle. When ever I pull aa stranger out I always let them hook up there own side of the strap and fore warn them that if something breaks its not my fault and won't be held accountable.[/quote]

[color=#FFFFBF]You didn't tell me if something breaks it's not your fault, if you would have pulled me out [/color]

[t_long927]

[quote="desert dog"][quote="Bert338"]Good Samaritan law covers your ass on that[/quote][/quote]
The good Samaritan law only protects you in situations where a reasonable person would believe that there was danger of death or serious bodily harm. It does not extend to automobile recoveries. Yes, people have been found liable for damages while trying to recover others.

Hey If I can't get my jeep out of the mud, I would be in danger of death or serious injury.... My wife would kick my ass. And after she did that she'd say, "I told you it was a bad idea."
LOL

P.S. My Father in law is a claims adjuster for statefarm. I will ask him tonight what he thinks.

[Goatman]

If you ask about insurance, the driver is going to be at fault, it doesn't matter if you're trying to help someone. If you're driving, and you hit them, it's going to be your fault.

If you have a winch, you should NEVER tow someone. Winching is so much better than towing. If it's not safe, and it doesn't make sense......don't do it! It's not your fault someone else got stuck.

[t_long927]

This goes out to Victor and Henry.

Consider this as written proof that i will not sue your asses for fucking up my jeep trying to pull my dumb ass out of some stupid mud hole that I had no business in.... Please answer the phone when I call at 11 o'clock at night... LOL

[Bert338]

[/quote]
ok, how about this, you remove someone from a burning vehicle, and in the process the guy dies because he had a broken neck, should have called a tow truck! [/quote]

In regards to the Good Samaritan Law I was responding to Harry's comment above. Not about vehicle recovery's.

[AJ99]

[quote="TheBigDogg"][quote="VICTORG93307"][color=#BF80FF]K this hit me yesterday as I was trying to get a truck out of the stuck situation it was in. Truck had no front recovery point other than A arms but I wasn't going to yank on an A arm as I might end up with it as a hood ornament. So had to go around it prob is there was lots of snow and the road was very narrow. As I tried to make my way around it I had to keep momentum and was going a tad fast to not loose it my car hits a tree log a sends it bouncing tirades the truck. I was able to not hit anything other than just the step and keep going without getting stuck myself. Now my question had I plowed into the truck and say I pulled a Harry and destroyed a door who is held responsible for damage arising from recovering a vehicle in need?? I'd like your insight on this as I don't think anyone want to find this out the hard way and somehow we lose a member or members over something of this nature as I'm sure it will come up eventually[/color].[/quote]
[color=#FFFFBF]I would ask someone that works for an Insurance company, they would have all the right answers[/color] [/quote]


I still feel bad about that trip

[Bert338]

[/quote]:oops: I still feel bad about that trip[/quote]

Don't, I got some upgraded axles out of it and along the way beefed up my axle housing and tubes.