Our 2004 Volvo soft top convertible was parked front end to knee wall in carport with dead battery. HOBKIRK's tow driver asked to have ignition key turned "On" and gear placed in "Neutral" to tow it out of carport, up inclined driveay to street level (about 50 feet, 15 degree slope to level carport floor) where he would then be able to tow car with front wheels elevated rather than rearward in "Neutral" because Volvo has front wheel drive. I took HOBKIRK's requested actions and went inside my home.
My wife watched as HOBKIRK's tow driver somehow locked the steering wheel so that it would not turn and then started towing the Volvo UP the inclined drive. As HOBKIRK'S tow truck reached street level, the Volvo came loose from HOBKIRK's tow bar and gravity took over. The Volvo rolled back DOWN the incline picking up speed as it free-wheeled. It struck the carport concrete block and cement knee wall and knocked it from its foundation and down about 7 feet into the rear yard of our home. A part of the broken wall struck our central air conditioning unit and destroyed it. The Volvo followed the knee wall nose down striking the visible part of a concrete block and cement pillar supporting the second story deck on our home. The nose of the Volvo then came to rest in the dirt, the front wheels were resting on a part of the concrete block knee wall, and the rear wheels were resting on the rear lip of the carport floor.
Instead of calling in a crane to lift the Volvo back to level, David HOBKIRK then telephone a second towing company whose tow truck apparently had more power in both the truck and the tow bar and thet company, acting on David HOBKIRK's instructions, attached a tow line to some underpart of the Volvo and simply pulled it back up the 7 feet, over the concrete rear lip of the carport floor and back to the level area. HOBKIRK's tow driver then re-attached his tow bar to the Volvo and towed it up to street level, turned HOBKIRK's tow truck to proper towing position and removed the Volvo.
The net result of HOBKIRK negligent actions... Our $45000 Volvo was declared a TOTAL LOSS and irreparable and had to be replaced. The central air conditioner was a total loss and irreparable and had to be replaced. The cement block knee wall had to be replaced.
The insurance company provided $16000 as the value of the Volvo. They provided REPLACEMENT COST for the central air conditioner and knee wall. That left us, the Volvo owners, with a debt in excess of $4000 for a replacement car. David HOBKIRK admitted the loss was his fault, asked to be forgiven, told us he was "sorry" but refused to pay any part of the $4000 uninsured cost of a replacement car we now must bear.
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