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Service truck stuck in mud: who pays for the tow?

Deb K.asked 0 viewsDelivery, Placement & ServicingDelivery and servicingTruck accessCosts and quotesPlacementService visit

Last Tuesday I pulled onto a residential construction site to pump a standard portable toilet. The ground was soft from heavy rain the night before. The site manager said it was fine, but my vacuum truck sank to the axles in the mud about 15 feet from the unit.

The contractor had to call a heavy-duty tow truck to get me out. Now my company is getting an invoice for the tow. The contractor says it's our problem because our driver chose to drive there. I say the renter is responsible for providing safe truck access on every service day.

Who pays for a tow when the service truck gets stuck? Does it depend on whether the renter gave the okay to proceed?

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Luis A.Bozeman, MT

The renter pays for the tow. The rental contract places the responsibility for providing safe and reliable truck access on the renter for every scheduled service visit.

Your driver was there to perform a service the renter paid for. The site manager gave the okay, but that does not shift the fundamental obligation for site conditions. The renter is responsible for maintaining a stable access path, which includes assessing ground conditions after heavy rain. A vacuum truck is heavy, and soft ground is a known hazard. The invoice for the tow truck is a direct result of the renter's failure to provide the agreed-upon access. Your company should not absorb that cost. Refer to the access clause in your service agreement when you respond to the contractor.

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