my sons uninsured truck was broken into and stolen last week A culprit has been arrested and the truck is now a total write off. The towing company are demanding towing and storage costs off my son. Is my son liable for costs or not ?
allan_mac,
Oct 4, 9:59am
I would have thought that would be the responsibility of your son's insurer, if he is insured. If not insured then the costs would be your son's. He may be able to claim off the culprit who stole it, but good luck with that.
whqqsh,
Oct 4, 10:14am
yup, if you're lucky you'll $5/week via his WINZ benefit. been there done that
nice_lady,
Oct 4, 11:40am
Interesting question.
Obviously this probably wouldn't be an issue if the vehicle had been insured. Perhaps a lesson there. However the company asking for the retrieval and storage costs from your son might be pushing it uphill if he didn't engage their services ? Then again if he refused to pay they might have the right to sell the vehicle to defray expenses.
I am not sure about that. I AM sure that he should definitely and probably will insure the next vehicle he owns ?
Getting money back from the perpetrator ? Fat chance !
supernova2,
Oct 4, 12:41pm
Whilst it may be "fat chance" you can actually have a win sometimes. We had an issue where a drunk decided to break in to 1 of our rentals. As it happened a passing polly actually heard it happen and manged to catch the twit. We put in a victim impact statement claiming for the true costs of repairing the broken windows and cleaning up the mess inside.
To our utter surprise he was ordered to pay reparation. We thought that would be the end of it but the system actually attached his wages (when he had a job) and his bene (when unemployed) and we got paid in full over about two years. It was a couple of grand all up.
We did however keep on the tail of the polly so that we were in Court the day he was sentenced so that might have helped our cause a bit.
kiwitrader43,
Oct 4, 12:56pm
GO and front his family whilst they are out shopping or waiting in a lotto queue. Never fails!
daves,
Oct 4, 1:02pm
Which part of "my sons uninsured truck", the OP's first words written in #1 did you not understand?
msigg,
Oct 4, 1:26pm
Whqqsh is correct same as my mate 20 years on he is still receiving $5 a week from some scumbag. All taxpayers of coarse
james63,
Oct 4, 1:46pm
My son's offered the truck to the towing company who will give him $100 for the mangled mess and charge him every day afterwards for storage . The vehicle was worth $10.000p However he doesn't want to pay seeing he wasn't responsible for the accident
extrayda,
Oct 4, 2:16pm
If the vehicle was worth $10,000 then I think the wreck is most likely worth more than $100 unless it was burnt out or absolutely destroyed in every way.
Good luck reclaiming costs / losses from the perp. I really hope that works out, it sucks when someone steals something you own, and you end up wearing the loss.
However, in the reverse situation, if your son had hit a $500,000 Rolls etc. how would he be paying the owner of that vehicle? (unless he had third party insurance). If he had third party insurance, talk to the insurance company about things and see if they can help in any way.
I probably wouldn't have a vehicle that valuable without full insurance, but spoke to someone recently who was going to have to pay about $1300 for full cover, with a further about $2000 excess on a $7,500 car, so I can see how expensive it gets.
allan_mac,
Oct 4, 2:38pm
Calm down Dave - don't be a troll
elect70,
Oct 4, 2:49pm
Legally son is liable as registered owner . Take the aswipe to court for full costs incured inc tow disposal lost earnings ,court can garnishee his earnings . Dont let it go .even ifhe only pay $10 week
intrade,
Oct 4, 4:27pm
Well Did you contract the tow company to tow it? if not then dont pay no bills for it . no contract no payment end of story. also never sign nothing if you have to write. Signed under protest and Duress.
purplegoat,
Oct 4, 4:40pm
so who engaged the towie ? if your son then hes obviously liable if the police then you could just tell the towie to take a running jump however look at it from his point of view , hes done what he was asked to do and deserves to be paid
sadmuddle,
Oct 4, 4:41pm
Did he have third party insurance , if not he could have been liable for any other damage to other property.
nz_stacie,
Oct 4, 11:15pm
Sounds like your son was in on it
nice_lady,
Oct 5, 7:36am
I doubt it. If someone steals your car and damages other property with it theres NO way you or your insurance company could be considered liable.
gusthe1,
Oct 5, 8:14am
Common scam - pay someone to steal your uninsured vehicle just to get rid of it.
james63,
Oct 5, 12:36pm
sorry yourve got it wrong, my son is not that kind or person. iI anyone was in need he would always offer help with community projects during his spare time
james63,
Oct 5, 12:36pm
sadmuddle wrote: Did he have third party insurance , if not he could have been liable for any other damage to other property.[/quote
No
elect70,
Oct 5, 1:21pm
Put the truck up for tender as is where is buyer to remove & pay costs . Assume police will do perp for the theft as well & ask judge for reparation order on the perp even if hes on the dole .
james63,
Oct 5, 1:43pm
before the truck was found the police asked if found would he like it to be taken to a safe place or to be left. My son chose the first option. My son has offered the towy the vehicle and now the towy is asking for $100 also with the vehicle
mimik3,
Oct 5, 5:13pm
He didn't want to pay insurance and now he doesn't want to pay for the towing and fees. Sounds like we have a winner here.
He is going to be out of pocket one way or other.
fordstar1,
Oct 5, 9:09pm
Ask the Towing company for a tow authority. - A tow truck driver is only able to tow a vehicle if a "tow authority" has been completed. A tow authority is a form approved by the New Zealand Transport Agency (NZTA) requiring certain details be recorded. Details include the registration plate of the vehicle being moved, details of the person ordering the tow along with the details of the tow operator. The reason why the vehicle is being towed must be specified. - A vehicle can't be towed unless the tow authority is signed by driver or vehicle owner, an enforcement officer, the landowner or the person who requested the tow. If this is not possible the tow truck driver must record the details of the person who requested the tow.
I don't recall paying the tow company ever, and I have had 4 cars towed with authority of an enforcement officer.
joanie04,
Oct 5, 9:10pm
I would have though with a vehicle worth that much he would have had at least 3rd party.
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