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lockout liability release forms

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Arizmendi Towing	lockout liability release forms		Lead	[-]
Posts: 73 Aug 14 09 2:04 PM Georgia	Tags : None anyone use lockout liability release forms ?
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Towing247		#1	[url]	[-]
Posts: 702 Aug 14 09 2:28 PM WreckMaster #091213 New York State	we do, plus AAA gives them to us. nice to cya, just in case of murphy's law gets ya C-ya in the Ditch John
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jhook5230		#2	[url]	[-]
Posts: 666 Aug 14 09 2:38 PM Supporter Since 2007 Rotator Arkansas	If you are chargeing for a professional service how can you make someone sign a release unless they give a written statement on how they want the job done!? I'm just curious and would like to hear other thoughts on this.
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Arizmendi Towing		#3	[url]	[-]
Posts: 73 Aug 14 09 3:15 PM Georgia	this is what i use: LOCKOUT LIABILITY RELEASE FORM Date___________________________ I have requested that my vehicle be unlocked using lockout door tools and/or keys. I understand there is a possibility of damage to the locking mechanism, glass, weather stripping, paint, and airbags when using these tools and thereby release the person(s) and/ company below of all responsibility. Both civil and criminal, in a court of law. I will accept full responsibility should any damage occur. Driver license number: ___________________________________________________ Vehicle ID number (V.I.N): ________________________________________________ License plate number: ____________________________________________________ Person requesting lockout: ________________________________________________ Signature of person above: ________________________________________________ Operator / lockout Tec: ____________________________________________________ Signature of person above: ________________________________________________ Company performing lockout: _____________________________________________ Check all that apply ____ Previously attempted opening by another person ____ Worn weather stripping ____ Non-functioning door handle latch ____ Non-functioning airbag / lights ____ Other: _____________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
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Arizmendi Towing		#4	[url]	[-]
Posts: 73 Aug 14 09 3:24 PM Georgia	jhook i use it to protect me from people blaming me for something i didnt do, today i was called on a lockout where a young boy was trying to unlock his car with a screwdriver. he had the screwdriver wedged in the door glass and the weather stripping. i had him pull it out before i even touched the car. could you imagine if i were to pull it out and it poped the glass? what if i didnt make him sign the release and the glass had a chip in it from the screwdriver, and i broke the glass because of the chip? i really dont know if this release is worth the paper its printed on thats why im asking but just incase it is .... id rather be safe than sorry.
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Arizmendi Towing		#5	[url]	[-]
Posts: 73 Aug 14 09 5:07 PM Georgia	thanks for the tip kam i think thats what ill start doing unlocking the side that wasent touched. what is your take on the lockout form i use ?
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cdntowguy		#6	[url]	[-]
Posts: 659 Aug 15 09 7:24 AM WreckMaster #060706 Ontario	Liability release forms are useless. Your customer has called you for help. You are expected to be trained and knowledgeable in the services you provide. They are also in a situation where they are under duress. If you force them to sign a form in order to provide that service at that time, they signed it "under duress" and it wont help you at all trying to defend a damage claim. My opinion: if you're not willing to take responsibility for your actions, turn down the call and refer them to some one who may be better suited to service the customer. That's my 2 cents,and the CDN dollar is almost at par with the US buck-take it for what it's worth Steve
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carsnatcher		#7	[url]	[-]
Posts: 35 Aug 15 09 10:29 PM West Virginia	we also use the aaa forms they provide and the aaa dispatcher advise's customer they must sign before we start aaa rep said we do not have to do the service if they didn't sign, i also go to the other side of car if someone has been there allready never no what some of these people we do or say. had one a while back police tried to unlock drivers door and couldn't called me i unlocked pass. side lady showed up at the shop next day while i was on another call told service writer i broke door handle , he called me on the phone said drivers door wouldn't open she said we had to fix for free. advised her that police tried drivers door and that i used long reach tool on pass. side she just bill the police dept. they should pay , now sherriff's dept. dosn't do lock out's anymore
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JUSTFISHING		#8	[url]	[-]
Posts: 194 Aug 16 09 12:11 AM	Any time I run into a police officer or fire guy that tried to unlock a car ,I like to tell them about a police or fire guy back in timbucktu that was doing a lock out with a slim jim and tripped the side airbag and sent the slimjim up thru his throat out the top of his head .Its fun to see them swallow real quick and the wheels start turning thinking about that happening to them , just trying to slow down those public service freebees. On the note of releases whether they would stand up in court or not there is only one way to find out. the fact is the customer knowsssssss they signed it!!!!!! Terry
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ricktowingvt		#9	[url]	[-]
Posts: 816 Aug 16 09 8:18 PM Vermont	the only time i use them is if the owner is a prick and i give them the form to fill out to keep them busy when the unlocking the door. by the time i unlock on door they are just finshing the the form.
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Blue Stripe		#10	[url]	[-]
Posts: 2719 Aug 25 09 10:41 AM Rotator WreckMaster #091008 Ohio	ricktowingvt wrote: the only time i use them is if the owner is a prick and i give them the form to fill out to keep them busy when the unlocking the door. by the time i unlock on door they are just finshing the the form. Make them the deal that if they can complete all the blanks before you're in the car, its free. Make sure its going to be an easy one before you make the offer though.
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ACETowing		#11	[url]	[-]
Posts: 171 Aug 27 09 2:37 PM Colorado	Steve, I don't know about Canada Law, but with a case here in the US duress is not a factor in court for a lockout. Duress is normally used in a criminal matter, but can be used civilly by "Your money or your life." Barton v. Armstrong [1976] AC 104. A threat from your tow truck driver would have to be made stating, "sign the contract or die". So far I have not met a business that makes these statements. When my drivers arrive they are always required to have the owner sign or we will not perform the service. The customer is free to contact another company or locksmith if they do not want to agree to the damage waver. In most cases we deal with the owner or someone assisting the owner who has already damaged the car, window or weather strip with a coat hanger trying to open the car before our arrival. I have also had law enforcement agencies damage vehicle's "trying to help". One used a HD screwdriver to pry the window back, causing MAJOR damage to the roof. A waver with notes of an inspection before an attempt is A VERY GOOD IDEA. You will present a much more valid case in court or with a service provider if you can produce documentation showing the customer was advised and prior damage was noted. A key point to everyone is if you have a customer sign a waver, they MUST receive a copy. If two parties enter into a contract in almost every state, both parties MUST have a copy of the contract. Also if the customer pays you at the end of the serve without a verbal or written protest, they are basically agreeing to your work and service. I do agree that everyone should be trained before providing this style of service, but at times damage can happen. With notes you can cover yourself from prior damage, but if you do mess up, step up to the plate and take care of it. If you think you can't do it with-out the chance of damage advise the customer and note it on the contract or better yet walk away if that's the case. We have had times where we take over where companies have left off and couldn't complete the lockout (usually resulting in damage). If you can go to a window they have not touched and note it on your form you only worked on this area, this will cover your tail end and allows the customer to go after the prior company. Just a little info from law school I remember.
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metrotow2		#12	[url]	[-]
Posts: 25 Aug 28 09 10:41 PM	I always unlock pass side door never on drivers side, but i don't have a release form. If you are charging for a service you should know how to do the job properly. If you can't do the job properly you should not be doing the job at all. Jeff Olive Metro Towing Little Rock, Ar. WMID 090144 Edited 3 times by metrotow2 Aug 28 09 10:46 PM.
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slimsanta		#13	[url]	[-]
Posts: 3951 Sep 5 09 8:47 PM I.T.R.H.F.M. Museum Trustee Hall of Fame Member Class of 2005 TRAA President Supporter Since 2006 TRAA Level III South Dakota	I know I shouldn't, but I have always unlocked the drivers door, unless I think some one has worked on it be for me. my brain doesn't seem to work on the other side. If a release form works for your company great, but they don"t work out to good in court. Alan Dakota Service & Repair, Brookings, SD "One of our Nations Thousands of Small Towing Companies"
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DodgeTowGuy134		#14	[url]	[-]
Posts: 1416 Oct 15 09 10:43 PM Ohio	I think its a good idea to use a form for lockouts that contains a release. Also asking the right questions first: Are there any problems with your locks/door handles/windows/airbags, etc and go from there and note it on the forms.
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Southwest Towing		#15	[url]	[-]
Posts: 64 Nov 2 09 10:28 AM Ohio	It's always a good idea to ask questions and get info then note it before you service a lockout to CYA
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carsinsc		#16	[url]	[-]
Posts: 1 Nov 13 09 10:53 PM	We always unlock on the pass side, if we can, to avoid excess wiring and traffic. The wiring for all of the vehicle doors goes into the drivers side as well as the individual doors, so there is more to catch with tools.
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DodgeTowGuy134		#17	[url]	[-]
Posts: 1416 Nov 14 09 1:35 PM Ohio	Unlocking on the passanger side is good, but we always try to use the "Big Blue Long Reach Tool" instead of the ole slim-jim or under/over (aka, "J" tool) tool that enters the door under the window. The new method of using the long finger thru the door frame is safer to advoid internal door/window damages..
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Freelance66		#18	[url]	[-]
Posts: 24792 Nov 15 09 12:11 PM Featured Member December 2002 I.T.R.H.F.M. Regular Member WreckMaster #050354 20,000 +	Another take on pass side only - if you ever worked as a mechanic you have heard the "I never noticed that before" syndrome..... For years I have worked at shops and dealers where the car owner will try to get free repairs on top of a paid repair. Best ones are the previous issues where you can tell by looking it had been "bad" for quite a while but are "just noticed" after a non related repair is done. Same with lockouts. They may have an older car where the weatherstripping was shrunken and leaking air way before you arrived, but afterwords it will always be a "new" thing. By only touching the pass side it takes that issue out of the equation. As well as a paint scratch. One little scratch and they want a complete car repaint. That is if they see it every time they get into their car...... It has been told that an expert is someone that has made all the mistakes possible in a narrow field.......
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