Receovery Waiver?

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98 SNAKE EATER

98 SNAKE EATER

Joined
Aug 10, 2004
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Location
Southampton, NY
Anyone have a copy of the recovery waiver?

I can't remember if it was posted here or on Pirate :hhmm:

It's basically just a waiver that says you're not respnsible for any damages that may occur while recovering a stuck vehicle :meh:

The other night I winched out some guy in a Saturn that was stuck in a drainage ditch and he suffered some rocker panel damage on the way out :whoops:

I gave him a verbal warning that I wouldn't be responsible for any damages before hooking up and he agreed, but I can tell by the look on his face afterwards that he wished he would've waited for a tow truck :doh:



Then earlier today, there was a Chevy Express van pancaked in a muddy ditch near my shop with about 20 people trying push it out, so I figured I'd be their hero and hung a U-turn to winch them out ;)

I wasn't about to get all muddy, so I handed the driver a large hook, gave him enough line to attach and told him that I don't mind helping him out, but that I wouldn't be responsible for damages....

He smiled and said "Gracias" and it was then I knew for sure he didn't understand a word I just said :rolleyes:

Since it didn't have any visible recovery points, I told him to grab the lower control arm, but neither he or his crew spoke a lick of Engrish, so I just waited for him to give me the go :meh:

The cable ended up tearing through his front air dam, but I don't think any of them cared because I later found out from the guys at my shop that they had been stuck there for about 4 hours :o

After he was on dry land, I walked over to unhook and found out he attached it to the sway bar :eek:


While reeling in the line, the lady of the bunch walked over and offered me money, but even though I declined numerous times, she just stuffed a $20 bill in my pocket, said Gracias and walked away.

Anyhoo, I had printed out a few waivers and kept them in the glove box, but they got tossed when I installed the DVR :doh:

Did anyone here save a copy?





Rick
 
worth the paper you use to print it....IMO, and I hate to say it, but with today's litigious society, don't help :)
 
The least of your concern should be body damage. If someone is hurt while you are being the good guy no waiver is going to bail you out! It is sad sad world, well, it is sad in our society!

I winched a working guy's truck out of ditch. I felt good about it given this crappy economy! The guy could not afford a tow truck and had to be a job. But, as I was about to leave a cop pulled up and said it was not my business to do such things and I would get a ticket for blocking traffic. :frown:
 
i used to help everyone but due to many rude morons i dont bother any more.if its winter i will make sure they have heat or a phone then leave.it sucks you cant help people without worrying about being sued.if you cant recover someone without damaging their vehicle you shouldnt help.better off for both parties.what if the guy your towing wants you to sign a paper saying your trained to tow him out ?
 
suits or not, I'll still help someone if I can.
If they need to litigate later due to accidental damage, so be it. Living in a constant state of fear and worry is worse than a lawsuit, in my opinion.

but then, I've never been through a lawsuit, so I may be mistaken.

I think that some sort of recovery waiver could help the situation- at least you eliminate their ability to say that they didn't realize that you were helping, or that they didn't give permission, etc etc. In the end, an avid litigator will find a hole, but at least it should be a little sportier for them to do so.
 
seriously?

I had no idea there was this much concern. Who are these disgruntled morons that need assistance but come back to bite you in the ass after you help them.
Up in my neck of the woods its a bit more laid back I think, most drivers are more than happy to not have to wait/pay for a tow truck. But if I saw a Mercedez 500SL stuck in the ditch I would think twice about yanking it. First off I wouldnt know what plastic to hook on to, secondly they can afford a tow truck.:D

IMHO I think we need to keep yankin as long as we give them a verbal we are doing our part!
 
handing someone a waiver implies you have insurance to support that waiver...accepting money means you are being paid for your service....

'Good Samaritan' laws apply IF they don't sign anything and IF you don't ask for or accept anything in return.



I've helped a LOT of people out by the side of the road and on the trail. I've refused a lot of offers for $ and gifts, and simply tell them to 'pay it forward' next time they see someone else in need. Pulled a Jeep out of a mudhole about 10 years ago, guy tracked my addy down from the website and sent me one of those $2 bobble-head dash toys...of all the thank-you's I've received, that one stood out :)
 
'Pay it forward' is the only form of currency I accept. If the extraction looks like it might get nasty, I'll offer a ride or phone. Handing someone a hook and then yanking on it without verifying the recovery point is a recipe for disaster IMO- never mind the damage to their junk, that hook is coming your way when it lets go.
 
Good Samaritan law only applies to aid to injury or illness. Recovery of vehicle falls under the Duty to Rescue and are usually not covered under any protection of the law.
 
shelfboy1 said:
what if the guy your towing wants you to sign a paper saying your trained to tow him out ?
Click to expand...


If that's the case, then he can find his own way out :doh:


tlc81 said:
I had no idea there was this much concern. Who are these disgruntled morons that need assistance but come back to bite you in the ass after you help them.
Click to expand...


Trust me, they're out there :o


IMHO I think we need to keep yankin as long as we give them a verbal we are doing our part!
Click to expand...

I actually had my last few recoveries filmed on my winch cam and saved on the DVR, but now I'm thinking I should install an external mic for audio as well :hhmm:
 
Over 25 or so years ago, I was pulled out of a muddy mess when I took my brat a little too deep. I had waited for a tow truck for about 5 hours and decided to walk. I got to a small country store and a young guy was there with his truck. He asked me why I was all covered in mud. Anyway, he helped me out! I bought us a couple of Cokes. When Coke was real!:)

I have assisted over 10 folks with my LC and never accepted money, but asked to return the favor to someone else either in kind or just be kind to a perfect stranger.

I must admit the cop really ruined it that day! I almost wanted to say to him, as follows: I guess I am cutting into the city's cut with the local tow truck operator. But, that would have been failing the attitude test and my truck is camo, so...yeah...I kept my mouth shut!;)
 
external mic

external Mic is a great idea, I wonder what the judge/jury would think when you pulled that out:ban:


I actually had my last few recoveries filmed on my winch cam and saved on the DVR, but now I'm thinking I should install an external mic for audio as well :hhmm:[/QUOTE]
 
When I was 16 (1983), I pulled a guy out of a ditch with a tractor (Iowa). Sheriff came upon the scene and told me I wasn't 'allowed' to help (after the fact). I asked, 'why?' He said, "Because we want to make sure the driver hasn't been drinking". Looking back it makes sense but at the time I was completely befuddled by the remark. Even my boss said, "it's okay with me if you pull him out".
 
lcruzrlvr said:
When I was 16 (1983), I pulled a guy out of a ditch with a tractor (Iowa). Sheriff came upon the scene and told me I wasn't 'allowed' to help (after the fact). I asked, 'why?' He said, "Because we want to make sure the driver hasn't been drinking". Looking back it makes sense but at the time I was completely befuddled by the remark. Even my boss said, "it's okay with me if you pull him out".
Click to expand...

It sounds to me that some people look at someone in a bad situation as an opportunity to do a good dead, while others look at it as an opportunity to take advantage of someone.

We pulled and pushed vehicles for about 6 hours one winter day in calgary to help people trying to get home (who should know better and have snow tires- its frickin calgary) I think if you have any serious doubts about damage to a vehicle or bystanders, its just not worth it, otherwise ill lend a hand or strap or winchline everytime.

I think we need a bumper sticker like the "we accept VISA" sticker, that instead says " we accept 'pay-it-forward'"
 
Cody....let me guess, that day would have been about Dec 17th?? LOL. I don't think I made it a couple blocks without stopping and helping someone get unstuck. I wish I had the winch mounted then, but the recovery strap sure got a workout. It's amazing what some good tires and common sense could do for people....

Use common sense when even thinking about pulling someone out. If something doesn't feel right, offer a ride or some other way. I've done it, and while it's a hard thing to tell someone that you're not going to help them out of a stuck, it is usually for the better.

If you're going to stop on the side of the road to help someone, please be careful!!! There are too many people out there on the road not paying attention to where you are.
 
Off-road recovery is one thing. Helping people on the road -- or just off of the highway -- gets dicey.

Yeah, if there's an indication of drinking, etc, that could get you into a mess with the police you don't want to be in if they show up in the middle of things. Something to consider.

In blizzards, etc, safety first. The police shut down commericial tow trucks at certain points, because it's just not safe for anyone to be out there trying to snatch vehicles back onto the road. Any time there is limited visibility, it's a recipe for disaster. Always take that into consideration when recovering on or next to a road of any kind. Because someone who is uninvolved will certainly sue you if they happen along and get tangled up in what was between you and the folks you are helping.

As for adding a mic to your winch cam and playing in court...careful there, too. In some states, recording audio without full consent by both parties is regarded as eavesdropping, with legal penalties. Usually anything on video is OK, but adding sound could be trouble.

No, I'm not a lawyer, just old enough to have been around the back 40 to see a thing or two in my time to learn to take other people's mistakes as good advice.:doh:
 
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