Miata Mailing List: August 1999, Message #310

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So Jeff, by your reasoning, if I parked my Miata in a tow-away zone, and it
got towed, and on the way to the impound yard, the tow truck driver threw
back a few beers, lost control of his truck, and tossed my Miata off a
freeway overpass into the path of an oncoming semi, thereby totaling it, it
would be my fault?  Somehow, I don't think so.  Just because you do
something illegal, doesn't excuse someone else the responsibility of their
actions.  Actually, I think that's the problem we have here in this country,
people no longer want to take responsibility for what they do.  I'll take
responsibility for illegally parking my car (parking is tight here in
Austin, and I do it from time to time myself), and if it gets towed, well,
I'll pay the fine, and the towing costs and whatever else.   However, the
minute that tow truck driver hooks my car up to his truck, he is accepting
SOME kind of responsibility for it.  His reward will be the fine and towing
costs I have to pay to his impound yard.  If something happens to that car
either in his yard or on the way to it, that is HIS fault.  Sorry, but if he
puts a ding or a dent or bends the frame or allows my car to get stolen, you
can bet I'm going to hold him personally liable.

Kim, your mechanic should be able to tell you what would cause the kind of
damage your Miata sustained.  It may well be some kind of damage that could
only be caused by towing (I.E. the only way to bend that tie rod without
scraping/bending anything else).   Have the mechanic talk to the owner of
the business (not the manager or the tow truck driver).  However, some tow
truck drivers/owners are very unscrupulous people and you may have to take
him to court to get your money back.  Best of luck to you.