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john65pennington's avatar

Who's at-fault in this type of auto crash?

Asked by john65pennington (29258points) January 12th, 2011

A mans car breaks down about 30 miles from home. Being short on cash, he calls his neighbor to come and help tow his vehicle home. The law states you cannot tow another vehicle, unless both vehicles are connected with a metal tow bar. Neighbor did not have a metal tow bar, but instead takes a 20 foot heavy-duty rope. Both vehicles are attached to the tow rope and they take off for home. Neighbor is in his vehicle and man is in his vehicle. engine is running in towed vehicle, in order to use the brakes and flashers. Neighbors vehicle has to make a sudden stop, on the road, and towed vehicle collides into the rear end of neighbors vehicle. No injuries. Substantial damages have occured to both vehicles. The police are called. Question: is this crash considered an auto accident or something else? And, who is at-fault for the damages and why?

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5 Answers

blueiiznh's avatar

In my opinion, there are both idiots. Both Insurance companies have a right to not pay at all.
Did the Police issue a citation to either party?

WestRiverrat's avatar

In that situation, in my state, the vehicle doing the towing would be at fault. And if they didn’t have a towing license the insurance companies would not pay.

Now if it was just yanking someone out of a snowbank, juries commonly find that the person who hooked up the tow rope is responsible for any damage to the towed vehicle.

And the owner of the towed vehicle is responsible for any damage to the towing vehicle.

BarnacleBill's avatar

Even though the vehicle is being towed, a driver is in it, and the brakes work. The driver of the car being towed is responsible.

MissA's avatar

Even though it was a bad idea, the friend was simply attempting to assist his friend. The owner of the towed vehicle is guilty of not having control of the working brakes…and, asking his friend to do something against the law in the name of friendship. He ought to be making amends to his ‘friend’ as furiously and graciously as possible.

Who needs friends like that?

Odysseus's avatar

Both parties are technically at fault and the insurance company shouldn’t pay out since the drivers were not obeying the law.

In my opinion though, the towed driver is more at fault, his reactions were slower in braking and why should the guy who tried to help end up suffering for his kindness ?

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