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Offline Mighty_zuke

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Recovery disclaimer
« on: February 15, 2009, 18:25:01 »
I'm put off offering my services to recover stuck vehicles at the minute. I have heard scare stories about liability claims being made for damages in the unlikely event of a damage, accident or injury while recovery is being made. Does anybody have a disclaimer or the suitable legal wording to cover this situation?
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Offline ben-dent

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Re: Recovery disclaimer
« Reply #1 on: February 15, 2009, 19:16:56 »
all i say is, if they want me to recover them, and for any reason there is any damage then it is on their head, and i also get them to attach my rope to their vehicle then i check itand i fit it my vehicle end and get them to check they are happy, then i tell them how i am doing to aproach it, if they disagree with anything at all i just disconnect my rope an drive off,
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Offline Bob696

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Re: Recovery disclaimer
« Reply #2 on: February 15, 2009, 19:55:05 »
I will do it for a m8 or if the police instruct me to ...otherwise .........

Oh n we had to sign a form saying the winch would be used for self recovery only.
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Offline Range Rover Blues

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Re: Recovery disclaimer
« Reply #3 on: February 15, 2009, 23:04:50 »
Quote from: Bob696 on February 15, 2009, 19:55:05

Oh n we had to sign a form saying the winch would be used for self recovery only.

Mine was worded differnetly, that I wouldn't use the vehicle for recovering other vehicles IIRC, seemed odd but not just the winch.  I didn't have to sig it in the end because the winch is removable, I just had to declare I wouldn't use it to recover another vehicle.
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Offline carracarra13

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Re: Recovery disclaimer
« Reply #4 on: February 16, 2009, 09:43:08 »
Imight sound realy hartless but I only help m8s as had some one try and pull a fast one once and now I just say aa or who ever
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Offline Lord Shagg-Pyle

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Re: Recovery disclaimer
« Reply #5 on: February 16, 2009, 19:27:51 »
When I worked in Norfolk plod,I used to get called a lot to assist motorists who'd gone off the road onto the beach. I always used to get them to sign my notebook to say that they did not hold the Police in any way responsible if any damage was caused. Which was handy, as I once pulled the back end off of a 3.0ltr Capri with the Plod Landy:)
Nowadays it is a nightmare due to the blame culture and H&S. I point them towards the AA, RAC or a local garage. It isn't worth the risk, which is a shame as it seems the age of the Good Samaritan is going.
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Offline Mighty_zuke

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Re: Recovery disclaimer
« Reply #6 on: February 16, 2009, 20:37:03 »
Yeah, the blame culture sucks!  :?

I thought I saw a disclaimer on here ages ago but I cant seem to find it!

Thanks for all the comments so far
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Offline muddyjames

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Re: Recovery disclaimer
« Reply #7 on: February 17, 2009, 18:42:20 »
mine says

My vehicle is broken down, stuck or bogged down and I require the assistance from James Butler to tow me out. I understand that by asking for this asssitnace I accept full responsibility if any damage, as a result of this tow is caused to my or other persons' vehicles or property or person.

I then get them to put thier name, full address, reg number date and sign it and I sign it infront of them too.
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Offline Mighty_zuke

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Re: Recovery disclaimer
« Reply #8 on: February 17, 2009, 22:38:28 »
Thats brilliant, just the sort of thing I'm after!

Thank you!
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Offline Gordo

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Re: Recovery disclaimer
« Reply #9 on: February 18, 2009, 13:29:07 »
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Offline Mighty_zuke

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Re: Recovery disclaimer
« Reply #10 on: February 20, 2009, 22:16:22 »
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Offline muddyjames

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Re: Recovery disclaimer
« Reply #11 on: February 24, 2009, 16:13:18 »
Quote from: KTM Gordo on February 18, 2009, 13:29:07
Quote from: muddyjames on February 17, 2009, 18:42:20

mine says


Yours...?  ;)

Well ok, I didnt write it but it works all the same!!!
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Offline J.D.

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Re: Recovery disclaimer
« Reply #12 on: February 24, 2009, 19:10:21 »
I hate to say this, but I wouldn't think it would stand up in court if it came to that. I have had a word with my mother who is a lawyer, and she doesn't seem to think so either.
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Offline Mighty_zuke

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Re: Recovery disclaimer
« Reply #13 on: February 24, 2009, 20:45:08 »
I'm fairly sure it wouldn't stand up in court but it is a deterrent for taking you to court if anything did happen. So, unless we know of a good and friendly lawyer who may be willing to word this differently so it may work if taken to court, this will have to do!

Tho I'm sure it would be appreciated by all on here if some proper legal wording was to be posted.

Regards

Mike
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Mitsubishi Shogun

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Offline bilge rat

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Re: Recovery disclaimer
« Reply #14 on: February 24, 2009, 23:28:03 »
would be good , maybee make a sticky of it . its quite often you come up against the prob ..
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Offline ben-dent

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Re: Recovery disclaimer
« Reply #15 on: February 25, 2009, 01:21:32 »
Quote from: Mighty_zuke on February 24, 2009, 20:45:08
I'm fairly sure it wouldn't stand up in court but it is a deterrent for taking you to court if anything did happen. So, unless we know of a good and friendly lawyer who may be willing to word this differently so it may work if taken to court, this will have to do!

Tho I'm sure it would be appreciated by all on here if some proper legal wording was to be posted.

Regards

Mike

i will have a word with a friend of mine who is a lawyer see if she can word it legally??
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Offline J.D.

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Re: Recovery disclaimer
« Reply #16 on: February 25, 2009, 15:49:27 »
Quote from: ben-dent on February 25, 2009, 01:21:32
Quote from: Mighty_zuke on February 24, 2009, 20:45:08
I'm fairly sure it wouldn't stand up in court but it is a deterrent for taking you to court if anything did happen. So, unless we know of a good and friendly lawyer who may be willing to word this differently so it may work if taken to court, this will have to do!

Tho I'm sure it would be appreciated by all on here if some proper legal wording was to be posted.

Regards

Mike

Will speak nicely to the mother as well!  :lol:

i will have a word with a friend of mine who is a lawyer see if she can word it legally??
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J.D.
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