RAC denying responsibilty for towing accident

newbie71_2

Hi everyone

Thanks very much for the emails and the advice. My OH wasn't given anything to sign at the incident by the driver about who would be responsible in case of any mishap so it's interesting to hear that other people have been.

Yes my OH was aware that he was supposed to be steering and is not the sort to not admit liability if he thinks he's in the wrong (that's me! ) However, my concern is my OH was 'steering' a dead car with very little control over brakes or steering - I know I could not have steered the car in this instance - and the RAC man was aware of this and he was the one with responsibilty for manouevering both his vehicle and the one he was towing out of the layby safely - well that's the way I see it anyway.

Interestingly enough the RAC called this morning - the man who carried out the report - asking for my OH's version of events - as apparently it is not cut and dried that their driver was not to blame. All the driver has done has filled out an incident report saying he believes he did everything by the book so the guy compiling the report called to get my OH take on the event and also the lorry driver's firm has been in touch with the RAC and the lorry driver has been in touch with my OH today and he believes the timing of the RAC driver pulling out back onto the main road may have been at fault.

So we'll have to see where all that gets us - but thanks again everyone for the posts - always very grateful that people take the time to give their advice and opinions. :T

Conor_3

newbie71 wrote: »

However, my concern is my OH was 'steering' a dead car with very little control over brakes or steering -

Sorry but I've managed to drive a 38 tonne lorry when the power steering failed so I don't believe that for a minute. Doesn't matter about the brakes as the towing vehicle will slow it if it's a solid bar.

It's amazing that plenty of other people manage to get towed and steer/brake.

anewman

Power steering is merely "assisted". It doesn't drop dead like a stone and not move at all just because the engine isn't running. It just stops "assisting" or making it easier to steer. So you basically have a manual steering car - something all cars were before power steering was invented.

Same with brakes. When the engine is running, the intake manifold sucks air creating a vacuum in the brake assist vacuum servo. You simply need to hit the brake pedal harder when the engine is not running to get good braking. Again, vacuum brake assist servos are something much older cars did not have.

Dapper_Dan_2

anewman wrote: »

Power steering is merely "assisted". It doesn't drop dead like a stone and not move at all just because the engine isn't running. It just stops "assisting" or making it easier to steer. So you basically have a manual steering car - something all cars were before power steering was invented.

Same with brakes. When the engine is running, the intake manifold sucks air creating a vacuum in the brake assist vacuum servo. You simply need to hit the brake pedal harder when the engine is not running to get good braking. Again, vacuum brake assist servos are something much older cars did not have.

This is somewhat academic. If you have ever been on tow, you'll remember that you are at the mercy of the person towing. You are not in full control of the car, they have most of the control. And they have a duty to give consideration to you... that includes factoring in the inexperience of the person being towed.

I think that regardless of all other considerations, the bloke who was towing has to bare at least partial responsibility. If he had given the lorry a wider birth, your husband wouldn't have been able to hit it even if he had tried! The very least he could have done would be to warn your husband that it would be tight and tell him what to do.

newbie71_2

Conor wrote: »

Sorry but I've managed to drive a 38 tonne lorry when the power steering failed so I don't believe that for a minute. Doesn't matter about the brakes as the towing vehicle will slow it if it's a solid bar.

It's amazing that plenty of other people manage to get towed and steer/brake.

Hi there, yes I agree many other people managed to get towed and steer/brake but what I meant in this instance is that I know I could not have steered the car with a dead engine out from behind a lorry while being pulled along by a tow truck.

newbie71_2

Dapper_Dan wrote: »

This is somewhat academic. If you have ever been on tow, you'll remember that you are at the mercy of the person towing. You are not in full control of the car, they have most of the control. And they have a duty to give consideration to you... that includes factoring in the inexperience of the person being towed.

I think that regardless of all other considerations, the bloke who was towing has to bare at least partial responsibility. If he had given the lorry a wider birth, your husband wouldn't have been able to hit it even if he had tried! The very least he could have done would be to warn your husband that it would be tight and tell him what to do.

Thanks Dapper Dan - you've made the point very well that I struggled to make in my ramblings - the bloke towing us away I thought had a duty to make sure the lorry was no where near 'hitting' distance by either himself or the car he was towing when he was pulling out. The lorry driver was in the vehicle at the time so I thought if he believed there may have been the least chance of any collision he would have asked the lorry driver to move the lorry down the layby a few years giving a 100 per cent free exit?

Anyway we'll see how it all goes - thanks again for all your thoughts.

Stevee

newbie71;

I would point your insurers and the RAC to the following law;

The Road Vehicles (Construction & Use) Regulations 1986.

When your vehicle broke down and was then fixed up to the towing vehicle (RAC van) it became an unbraked trailer and as such the driver of the RAC van would have needed category B+E on their driving licence (if they passed their test after 01/01/1997).
I assume that your vehicle was fitted with a lighting board working off the vans lights and registration mark of the RAC van? If it was going down the road, displaying the registration mark of the RAC van, then it's the driver of the RAC van who's responsible for what happens. If he towed you at 60 MPH through a speed camera, would that be your fault as well?

If you have any more problems after telling them that, phone your local police switchboard and ask to speak to someone from the commercial vehicle unit or similar - they should be able to advise you.

Personally i'd get in touch with the local paper as well ;o)

Lorne

Sounds like it would definitely be worth checking if your car insurance policy has legal services, they may be able to give you some sound advice

LinasPilibaitisisbatman

Stevee wrote: »

newbie71;

I would point your insurers and the RAC to the following law;

The Road Vehicles (Construction & Use) Regulations 1986.

When your vehicle broke down and was then fixed up to the towing vehicle (RAC van) it became an unbraked trailer and as such the driver of the RAC van would have needed category B+E on their driving licence (if they passed their test after 01/01/1997).
I assume that your vehicle was fitted with a lighting board working off the vans lights and registration mark of the RAC van? If it was going down the road, displaying the registration mark of the RAC van, then it's the driver of the RAC van who's responsible for what happens. If he towed you at 60 MPH through a speed camera, would that be your fault as well?

If you have any more problems after telling them that, phone your local police switchboard and ask to speak to someone from the commercial vehicle unit or similar - they should be able to advise you.

Personally i'd get in touch with the local paper as well ;o)

Whats the relevance here

The OH was to steer the vehicle and knew this and !!!!ed it up

It is clearly not the RAC's fault and people like you trying to pass the buck are a dredge on society

The OH made a mistake and was to blame

raskazz

Stevee wrote: »

newbie71;

I would point your insurers and the RAC to the following law;

The Road Vehicles (Construction & Use) Regulations 1986.

When your vehicle broke down and was then fixed up to the towing vehicle (RAC van) it became an unbraked trailer and as such the driver of the RAC van would have needed category B+E on their driving licence (if they passed their test after 01/01/1997).
I assume that your vehicle was fitted with a lighting board working off the vans lights and registration mark of the RAC van? If it was going down the road, displaying the registration mark of the RAC van, then it's the driver of the RAC van who's responsible for what happens. If he towed you at 60 MPH through a speed camera, would that be your fault as well?

If you have any more problems after telling them that, phone your local police switchboard and ask to speak to someone from the commercial vehicle unit or similar - they should be able to advise you.

Personally i'd get in touch with the local paper as well ;o)

Why would the car become an unbraked trailer? It is also not the case in law that the driver of a vehicle towing another disabled mechanically propelled vehicle is automatically responsible for any accident that damages the towed car or any third parties' property - it depends entirely on the circumstances of the loss.