Porta Potty Forum

Service truck stuck in mud on my property: Who pays the tow?

Sam O.asked 1 viewDelivery, Placement & ServicingTruck accessMissed servicePlacementDamage waiverService visit

We've had a standard portable toilet on our driveway for three weeks during a bathroom renovation. The rental company's service truck came yesterday after a heavy rain, and the driver got the truck stuck in the soft ground near the unit. The rental company had to call a tow truck to get it out, and now they're billing me for the tow fee. The unit is on level gravel, but the truck had to drive on the grass to reach it, and that area turned to mud. I thought the rental company was responsible for their own truck access. Is it standard for the customer to pay if their truck gets stuck on your property? What determines who is liable for this kind of thing?

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Carl D.Oklahoma City, OK

Your rental agreement decides this, so read the site access section before you pay that bill. Every contract I've signed for jobsite units had a line saying the customer provides a firm, clear path to the unit, and that towing or ground damage from soft conditions lands on the customer. Some also say the driver decides whether the ground is safe, and if he chose to drive onto wet grass anyway, that was his call, not yours.

Two things matter in your case. First, did anyone tell you at setup that the truck would have to cross grass to reach the unit? If the unit sits on gravel and the driver picked the lawn route on his own, you have a fair argument. Second, did he call or knock before pulling onto soaked ground? Plenty of drivers I've worked with will pump from farther back or reschedule the service visit rather than risk sinking.

I'd call the office, ask them to point to the exact clause they're billing under, and ask why the driver didn't stop short. Check your damage waiver too, although the ones I've seen only covered the unit itself.

Going forward, move the unit so the whole truck access route is gravel or pavement. On my jobs we keep units within hose reach of the driveway so nobody has to leave hard ground after a rain.

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