Good Sam roadside assistance liability

[herbc]

Can anyone tell me if any of the Roadside Assistance programs like Good Sam have any liability for the sub-contractors it sends out for service? And does anyone know of a good lawyer to handle a negligence case?

Herb

[BuckyBounder]

I'm sure you can add Good Sam to the suit with the tow company, but any good lawyer can them removed pretty quickly. And if Good Sam is involved in the final suit, they have the entire team of Camping World/Good Sam lawyers to help. The tow company's liability insurance might settle faster if you just involve them, unless you really don't care about the money and it's a principle thing.

[TRebel]

Good Sam is a big company and they probably have a team of lawyers that advise them on their operating procedures.

Typically, when a large company uses a sub-contractor, they will require that the sub-contractor provide them with a certificate of liability, which, at least, meets their minimum liability standards ($1mil to $2mil are pretty typical).
Very often, large corporations will also require the sub-contractor to list them on the sub's liability policy as an "additional insured". This means that the company that the sub is doing work for is listed as a "Named Additional Insured on the subs policy.
The big corporation will also have their liability coverage in place, but the requirements that the corporation puts on the sub is intended to, typically, take care of claims, before it get up to the corporation.

So to answer your question; yes, everyone involved will have liability.
If the sub-contractor caused injury, you will have lawyers line up to take your case.
If the sub-contractor only caused property damage, the lawyer line will be much shorter.

[hohenwald48]

Originally Posted by herbc

Can anyone tell me if any of the Roadside Assistance programs like Good Sam have any liability for the sub-contractors it sends out for service? And does anyone know of a good lawyer to handle a negligence case?

Herb

SERVICE LIMITATIONS
The Good Sam Roadside Assistance program does not service or offer
reimbursement for the cost of parts (including keys), fuel or labor for repairs
or installation of replacement parts. Other exclusions include expenses
resulting from calls from cellular phones, storage charges, delays or
displacement, or clean-up. Unless expressly listed in this benefit brochure,
expenses incurred for hotels, meals, campgrounds, car rentals, taxi fare or
airfare while your vehicle is disabled or being repaired are not included.

Note that service providers and facilities referred to Members by either
Affinity Road & Travel Club, LLC (ART) or Americas Road & Travel Club, Inc
(AmRT) are independent businesses neither owned, controlled nor operated
by ART or AmRT. The responsibility for damage, loss, or unsatisfactory
workmanship lies solely with the service providers and facilities providing
the service, rather than with ART or AmRT. In some instances, Members may
find it beneficial to utilize towing services provided by their vehicle warranty,
rather than the motor club services provided in this program.

I suspect all roadside assistance programs have similar wording in their contracts. You'd have to look at your particular contract to be sure.

[Nasdaqsam]

The contract or what I like to call the diaper (basically a CYA contract) these lawyer produce are pure BS meant to intimidate people.

These contracts do NOT limit their liability if negligence is involved and they know it. A good attorney can get these things thrown out in the first round.

For example if they knowingly dispatch a sub that causes damage AND they have had issues in the past, that fancy contract is gone it does not cover in a case like this.

BUT they use the system and their vast amount of money to just wait until your broke or bored then win.

If you know anything about law it has very little if anything to do with right and wrong but more who has the better lawyer, the most money and the most time.