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CAA policy ? Finding a new tow CO.

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Old 06-16-2010, 10:45 AM
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Benny771
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Exclamation CAA policy ? Finding a new tow CO.

Hi all,
Just thought id fill someone in on a CAA towing policy.
I had thought of reapplying for a caa gold membership.
Well about 2 weeks ago my 930 broke down on the 400. I phoned a tow truck (to be clear, i dont have CAA). When the truck arrived they had me sign a waver that had a CAA logo on it. The waver stated that the towing company was in no way responsible for damages that occur during towing or hooking up my car?
I could not believe that CAA would have their logo on a weaver like this? I asked the driver and he said " dont worry nothing is going to happen", well i say" WHY THE WAVER"?
I went to a CAA store to see i f this was true and they practice this. And after 30min, and phoning head office, it is true. What a beautiful world it must be for them. Zero responsibility.

I wish my job came with a waver ( im a guard at a super max jail). Can you imagine..........Sir, i know this is my job but before i started my shift i made you sign a waver. Now i dont know how the murders got away, but obviously im not responsible.
WTF!
Old 06-16-2010, 11:00 AM
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pongobaz
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I'm not a lawyer, but I wonder how that would hold up in court. You pay for a service and if they fail to deliver that service they are responsible. What if airlines made you sign a waiver saying that they are not responsible if the plane crashes!
Old 06-16-2010, 11:08 AM
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vipola
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Lol, good to know, I don't remember signing a weaver like that a few years ago when I had my boxter on a CAA tow truck..
Old 06-16-2010, 11:41 AM
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Benny771
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Apparently its up to the driver to get you to sign.
So, if i didnt know how to secure a load............... sign here !

I dont know if it would hold up in court either, or if you are not near the car when it is being hooked up (you cant sign).
But it is crooked as hell.
Does anyone know if Canadian Tire does this?
Old 06-16-2010, 12:25 PM
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theiceman
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I think we have a couple of CT guys on here so they should be able to tell us for sure .. I had CAA gold for 5 years .. but my car never needed a tow in that time .. I had it because I don't really trust my mechanic and he tends to screw things up all the time so thought better safe than sorry in the first few years of ownership while it was being worked on. I did have it in my profile however that i always get a flat bed.... The CAA went away in our family budget cuts at the last budget meeting
Old 06-16-2010, 12:53 PM
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Onami
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I had CAA tow my car two weeks ago and I didn't sign anything...He just looked at my card and got to work.
Old 06-16-2010, 01:38 PM
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redcarman
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CAA towed one of my Volvos last year. I don't recall signing any kind of damage waiver. In fact, the tow company that CAA actually subs the work out to deeply gouged one of the alluminum rims with their wheel straps. I called CAA to report the damage and in the end the tow company took responsibility and payed me $150 for the wheel repair. I ended up finding a good used wheel for $100!
Old 06-16-2010, 02:06 PM
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Christien
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I've had 2 CAA tows and one ditch removal. Never once had to sign a waiver. The one tow with the 911 was from African Lion Safari when my ignition switch died. First the guy tried to help me push start it, but because it's a gravel parking lot we couldn't get enough speed. Then we loaded it up on the flatbed. I supervised the whole thing, not that I needed to - - he was very careful. He didn't complain at all when my daughter wanted to listen to her Lion King CD in the truck on the drive home (over and over and over again during the 2+ hour trip). Great guy, great service - not sure if tipping a tow guy is normal but he sure earned it.
Old 06-16-2010, 02:29 PM
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Benny771
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Phone CAA and ask them if there is such a thing... they will say yes.
I would love to get CAA again but only if they drop the waver's.
Old 06-16-2010, 02:43 PM
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Sultan
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I don't think anyone here is suggesting that what you are saying is incorrect, I think the fellows here are just articulating in their experience they have not had to sign any waiver (I too did not have to sign any waiver a couple of years ago when I had my honda towed).
You may have been one of the few that have had to sign a wavier. I think there are some companies that do put disclaimers or waivers out there to try to avoid or limit their liability, even though they legally may be liable. I'm not a lawyer nor am I not claiming to be an expert in this field, thats just my 2 rupees.
Old 06-16-2010, 03:31 PM
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Christien
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From what I understand, waivers are only so good. A litigation lawyer I know very well ( ) tells me that the waivers we sign at the track can very easily be over-ridden in court, in a case of extreme negligence.
Old 06-16-2010, 06:45 PM
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ronnie993tt
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Originally Posted by pongobaz
I'm not a lawyer, but I wonder how that would hold up in court. You pay for a service and if they fail to deliver that service they are responsible. What if airlines made you sign a waiver saying that they are not responsible if the plane crashes!
I'm not a lawyer either Phil but I'm sure you are right. It's a pretty simple Bus Law 220 issue.....if they are negligent, they are responsible. If they cause damage they are negligent. Waivers are there to make people think they can't sue. I've been to small claims several times when the defendent's defence has been a small print disclaimer and I won easily. Further to this you have the arguement of duress in a break down.situation so I think it'd be a slam dunk....
Old 06-16-2010, 06:52 PM
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pongobaz
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Originally Posted by ronnie993tt
I'm not a lawyer either Phil but I'm sure you are right. It's a pretty simple Bus Law 220 issue.....if they are negligent, they are responsible. If they cause damage they are negligent. Waivers are there to make people think they can't sue. I've been to small claims several times when the defendent's defence has been a small print disclaimer and I won easily. Further to this you have the arguement of duress in a break down.situation so I think it'd be a slam dunk....
Yeah, I remember at some point in my education many, many years ago being told that there is always implied liability for any service provided. Even parking lot signs and waivers that tell you that they are not responsible for theft or damage of your vehicle can be challenged successfully.
Old 06-16-2010, 10:36 PM
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I'm not a lawyer either.. but i did stay at a holiday inn express last night !!

.... that is all ....
Old 06-16-2010, 10:51 PM
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Brian 162
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My 911 has low miles because it's always on a flat bed courtesy of CAA. I've never been given a waiver to sign nor have I ever had to produce my membership card when the truck showed up.
Maybe because you weren't a member of CAA the driver didn't want you to go after CAA if something happened.


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