RAC denying responsibilty for towing accident

newbie71_2

Dear all

I wonder if anyone can offer any advice please?

Our car broke down last Friday; OH managed to get it into a layby before the engine died completely. He called the RAC who came to tow it away but they managed to tow it into the back of a lorry parked in the layby! MY OH was annoyed but wasn’t too bothered as he believed his insurers and the RAC would sort everything out and as he said the RAC van simply didn’t pull out wide enough to get our car past the lorry and so believed it was an error on behalf of the RAC driver.

Anyway a few days on …our car is now a write off with the insurance offering us £2,000 for it – but we are still paying off the original bank loan we got to pay for the thing as well as now having to buy a new car – which we certainly ain’t got the money for!

Then the RAC called and said they have done their own evaluation and they are not at fault in anyway! :mad: :mad:

To say I am fuming is an understatement so any advice any wise MSErs can offer would be gratefully accepted:

1) Our car is assisted power steering, engine was dead so therefore no braking or steering could be carried out and yet the RAC man insisted my OH sat in the car while he towed it away. If the engine was dead doesn’t that make the RAC man responsible solely for this accident and/or shouldn’t the RAC have sent a low loader to tow the vehicle away and not a rigid towbar?

2) Can the RAC carry out an evaluation without even speaking to my OH about the incident? The RAC man who towed my OH out was not the brightest of sparks and when he realised our car had crashed into the lorry got out and said to my OH ‘what happened?’ (mmm why don’t you tell us mate you were driving!) and then proceeded to drive off leaving my OH in the layby saying there was nothing else he could do! Such a charmer and such great customer care!

3) If the RAC stick to their guns on this then would this mean the lorry driver will be chasing us up to cover the cost of damage to his vehicle and could it mean my OH has points added to his licence (dangerous driving, driving without undue care – even tho the engine was dead!!!!)

4) If we accept the £2000 for the car does this mean that will tacitly accept my OH was the blame for the accident?

5) Is it worth taking to a solicitor if we don’t get anywhere with them?

They promised they would get the person who carried out the evaluation report to get in touch with my OH today as a matter of urgency but – surprise surprise – no call!

Sorry for the rant and long email but cannot believe the RAC are being so flippant about this incident which could have huge financial implications for us now and in terms of raised insurance premiums at renewal time and can’t believe a simple breakdown (garage told us pre-crash it would have cost about £500 to fix the car) can have lead to our car being written off!

Thanks very much in advance for any help or suggestions!

sarahg1969

Have you asked your own insurers for any advice about pursuing the RAC for the value of the car/cost of repairs? They may be able to put you in touch with someone to assist. Alternatively, does your policy come with legal cover?

As for being prosecuted - that's not an issue at all.

MX5huggy

Is 2K a fair offer for the car? put the details up make model age mileage etc up and someone will tell you.

anewman

You can still steer and brake a car that does not have the engine running - albeit with increased effort needed, especially for braking.

I'd keep on at the RAC, I think eventually they will admit to something to try get rid of you. They're probably hoping you go away quietly right now.

Tally-Ho_2

Hi,

I would post your query on here:
http://www.rac.co.uk/web/forum/index.php

It would seem the RAC Management look at their forum and seem to resolve most complaints.

Tally

Conor_3

It's a tricky one this. If it was a solid single towing bar where all four wheels of the car are on the ground and your husband at the wheel, he, well, err, should have steered round the lorry. If it's one where the front wheels are lifted off the ground or an "a frame", then its their responsibility as the towing vehicle steers the towed.
They do not have to send a low loader if the vehicle is capable of being towed.

5) Yes, I think I would be.

Quentin

What did the driver of the towed car think he was sitting there for?

How can the RAC accept liability when clearly it was the driver who didn't steer the car!

You ask if he will get points on his licence - this will depend on the outcome of any prosecution.

As the car is a write off, then accepting the offer isn't an admission of liability.

Your insurance company will in any case be looking at who is liable, as presumably the "innocent" lorry your husband drove into will be making a claim!

DarkHorse

I was recently towed by RAC using the solid metal tow bar.

It was made absolutely clear to me that it was my responsibility to steer the vehicle, and the RAC chap instructed me what to do (until I informed him I have an articulated vehicle licence.....he then said I should be fine!). I had to sign a form accepting full responsibility for the steering, stating that if I cocked up it was my fault, prior to be towed.

If the RAC vehicle managed to get around the lorry your car then subsequently collided with, then this is down to your vehicles driver not doing the steering.

Sorry to sound harsh.....but it does not appear to be the RAC's fault.

anewman

DarkHorse wrote: »

Sorry to sound harsh.....but is does not appear to be the RAC's fault.

Guess there is of course the point thaqt if they failed to tell the OP, which is seems they did - although being sat in the car to do nothing, hmmm

DarkHorse

anewman wrote: »

Guess there is of course the point thaqt if they failed to tell the OP, which is seems they did - although being sat in the car to do nothing, hmmm

How do we know they did not tell the OP this. Just because they have not mentioned this does not mean it didn't occur .

Dapper_Dan_2

Exactly... there is not enough information here for any of us to say with any certainty who is liable.

If you are going to take this further, and I think you should, here are three simple things to remember.

Firstly, your husband has to be honest over this.
It's 'always' easier on your own ego to believe it's somebody else's fault... this is human nature. It if you have to argue this in court you have to be very sure otherwise it can end up very expensive.

Secondly, RAC are self insured, so they are an insurance company. Insurance companies do play games. By denying liability, they may just be trying their luck... or even just trying to move things along by putting the wind up you so that you get onto your insurance company to hurry them along. You often find this when there are multiple insurance companies involved, ie, yours, the RAC and the lorry that got hit.

Thirdly, don't trust your own insurance company to do the right thing by you. Unless you push for the result that is best for you, they will offer you the result that's best for them.
They may decide that it will work out cheaper for them to offer you £2k for your car (which they then sell for scrap, getting some of the money back. They will get the rest back with higher premiums) than to get into a dispute with the other party... which will take man-hours and may end in a knock-for-knock anyway.