Since it will be snowing sometime in the near future, I wanna make sure I'm prepared for everything. Since I log a lot of miles to and from school and work on roads driven my primarily college kids, I plan to encounter more than my fair share of stuck cars on the way. This is my problem. In the past few years several of my friends/acquaintances have been sued (or attempted) by the people they recovered for damages to their vehicles. I've heard that this might be covered under Good Samaritan laws, but my understanding was that the laws were for health issues. Anyways, I wanna make sure I'm protected. One thing my buddy mentioned was to have them hook the tow strap to their own vehicle, but I was wondering if anyone had done a sort of generic disclaimer contract. Might sound paranoid, but with the number of people I've heard of having issues, I'd rather be safe. I hate to leave people on the side of the road.

 

You should tweek it some to your liking but here is a start. I don't know if it will hold up in court but it may be enough not to pursue any legal route they may take.

In consideration for EXTRICATING the vehicle I OWN or OPERATE (year)_____ (make)_________ (model)_______, I _______________ hereby RELEASE, WAIVE, DISCHARGE AND WILL NOT SUE (Your Name or Insurance Company), in the State of ________.

To the best of my knowledge, I fully understand extricating the above vehicle, I am fully aware of risks and hazards associated with this. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF DAMAGING the above VEHICLE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to personal property owned by me, as a result of extricating in this vehicle, WHETHER CAUSED BY THE NEGLIGENCE OR ACCIDENT or otherwise.

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due WHILE EXTRICATING the above VEHICLE, WHETHER CAUSED BY NEGLIGENCE OR ACCIDENT or otherwise.

It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of ____________.

I UNDERSTAND THAT THE OWNER OR OWNERS INSURANCE WILL NOT BE RESPONSIBLE FOR ANY MEDICAL OR VEHICLE DAMAGE COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN OR DAMAGE TO THE VEHICLE WHILE BEING EXTRICATED.


IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

IN WITNESS WHEREOF, I have hereunto set my hand on this ________ day of ________________, 20____


__________________________________________________ ________________________
Address where services are/where rendered

__________________
Vehicle owner or operator

__________________
Date


What do you think? Dazzle them w/BS?

 

Hot dam, I know I copy/pasted that and will carry it with me.
Good job.

Problem I have encountered with having people strap their own vehicle, is that they have NO FREEKIN CLUE how to do it. They will do more damage than you will.

 

I agree Jim, the extractor should do the hook up. Just as a side note: the "T" hooks on tow chains shouldn't be used for extricating at all (IMO). They should only be used to tie down vehicles on flat beds. On that same note, straps can stretch up to 25% so be careful of the "slingshot" affect. You should also carry a 4X4 or 2 to help block and for roof roll overs as well.
A car on the roof can be difficult to get back up right (I have drug the all over the highway trying). If you encounter this, back you truck up to the vehicles side like a "T". Hook your chain to the front and rear of the vehicle on the far side, place the 4X4 up right on the frame of the near side where your truck is. Hook your 2nd chain to you truck, run it over your up right 4X4 and hook it to the center of your1st chain. Now drive away nice and easy, as you pull the far side up the 4X4 will push the near side down and it will roll right back over almost in place. Don't forget the throw it in Park and set the brake prior to doing this.
Also, a lot of vehicles have "hidden hooks" that can be found in the owners manual. As a "professional", you shouldn't view your self, asking the owner for the owners manual as a sign of incompetence.
Happy Extricating!

 

From my experiences, yes i let them hook their vehicle BUT i always verify they hooked on a structural strong point. I have had folks hook to fenders, fender braces, steering components, and other stupid places that the PSD will gladly remove. I always let them ask me to extract them (that way they asked for help) if it should ever go to court. You can suggest, but let them ask. I dont know how much experence you have so here are some suggestions.
1) ALWAYS BE AWARE OF YOUR SURROUNDINGS, for your safety. if a car is in a ditch then there must be an icy spot on the road. the next yahoo on the road may hit that same spot and slam in to you or your truck (bad either way) i check traffic constantly when im exctracting.
2) Your truck can pull a house, clear bystanders when you are about to extract. chains break, straps snap, things happen, and you dont know what the load is going to do, just get them out of the way.
3) What ever device you use,Chain/Strap, lay a heavy blanket, tarp or like item over the center of the chain/strap when you are ready to pull. If it does let loose the blanket will absorb the recoil and prevent it from comming through your back window.
4) If a vehicle is on its roof, there are bigger problems. unless its your buddies truck up-ended from a fun weekend, LEAVE IT FOR THE PROS...more than likely they will need EMS and/or Police. Unless you are Medically trained or there is threat of life or limb you can get in some real trouble moving hurt people.
5) You are never commited, If it dont feel right, walk away.

Hope these ideas help.

I have noticed, people hate the smoker group, till we pull them from the ditch

 

People are so ungrateful.
You help them and they sue you.

People are so ungrateful that if they break into your house to hurt and steal your things, and you hurt them, and not kill them, they will sue you, when they should be happy they are not dead.

 

I also copied it and will carry with me. Thanks for the legal wording. It looks very professional.

Reps Sent!

 

Talyn, I completely agree with you. You help someone then they decide to sue you. It almost makes you to never help another person. I have never been sued but I have helped people get out of mud and some body damage did occur to their vehicle. Not always but once or twice.

 

towing for AAA i get my fair share of winch outs in the winter and i can say, if you want to buy a cheap set of 5400lb bridal chains with a set of mini j's and T hooks, your golden, almost every import and small car has a single hook in the rear such a a Civic or camry or along the very rear under side by the muffler is a T hook to latch into on both sides of the vehicle, i prefer the mini j's there much easier to work with. if you do not find the oval shape for the T hook, along the passeger door onthe frame rail is a solid hook spot and is never to fail. in my experiences, Stay away from for torus and mercury sable, they have super soft frames and the t hooks pull straight threw, ive had 8+ inches pull threw untill the next hole which is about 3 inches after that and another one a few inches past that. and for a warning, dont use a big J to hook to A arms and axels on one side, use both sides, enough force and you can bend the differential and thats 3 grand out of a good Samaritans pocket!

 

Thanks for the beginnings of an excellent waiver document, Ian. Reps sent.

I just completed an internet search and found this site:

http://www.rescueriders.org/liability.html

It also provides links to the other states' Good Samaritan laws. You can review your individual state's definition.

Ian, this might help you and everyone else (me included) who copies your document to modify it specifically meet the individual state definitions and/or requirements.

Happy researching.

 

What are mini J's and T hooks?
Any pics online somewhere?

 

http://sjmetalmfg.com/images/sj0305.jpg this is my favorite bridal of all time, has a variety of the mini j's, my favorite and the t hooks when towing cars such as lincolns, or people who dont like using mini js there t hooks are tiled to far and mini j's fall out, almost droped a towncar before

sure thing jim,, look in the very front side ofyour truck, behind the bumper, tehre are several oval shapes, ever wondered what they were for? towing! lol pulling these heavy pigs up on the flatbed, f250s have the crap TTB and you cant meat hook them with the big j's bechase they are too thick, so when ever i do superdutys or obs trucks(the very very rare occasion that it is!) and here is a picture of my t hooks beacuse there appareently not on the internet! that is behind my front dirver side leaf spring and the next one below is the 2 infront of the driver side leaf spring.

[IMG]file:///E:/DCIM/.thumbnails/1257098318660.jpg[/IMG]

 

Thanks for the reps all! I just edited some other legal jumbo a little, I am no legal expert at all. rideracelivemx7, I drove wreckers for a few years way back when, 1 ton on up. AAA contracts, state and county police and a few dealers. When I left that "industry" the air bags were the cutting edge for the truck roll overs if that gives you any idea of how long ago that was. I am sure we could trade a lot stories. I miss the extricating parts of it but that is it. The long hours, the middle of the night calls etc. It is a tough job but someone has to do it, Thank You!

 

I did recoveries for 4 years in the Army, but I'm just talking about side of the road stuff. I wouldn't touch an upside down car without a wrecker... Several thousand pounds can kill someone way too easily. That's definitely a good start to a liability disclaimer. I'll probably talk to a lawyer (I know a few personally) and see what I would need to hold up in court where it counts. I'll post what I find out.

 

Hotel 8 qualified, groovy! I prolly wouldn't do a roll over either, I just threw that in I guess to show the versatility of the 4X4. Thanks for your service! remember Applebees is giving all active, reserve and ex military a free meal on veterans day. Applebee's - Veterans and Active Duty Military Eat Free - Veterans Day, Wednesday, November 11th