Post-Tow Fires: Who's Responsible?

By Randall C. Resch

There are incidents where towed vehicles catch fire hours after being dropped off in tow yards. The question becomes: Who is responsible for damages to stored vehicles if firefighters didn't cut or remove the wrecked vehicle's battery cables?

When post-fire investigations are completed, blame often shifts from one party to another. While most towers believe disconnecting a battery belongs to the fire department, reality says it doesn't always happen. Circumstances at the scene, call priorities, or inaccessible engine compartments often prevent firefighters from disconnecting the battery.

Fires Abound

It doesn't take much for pinched wires in a damaged vehicle to create an electrical short and ignite a fire. If the vehicle is equipped with lithium batteries, impact damage can trigger thermal runaway. In either case, a single broken wire contacting the vehicle's frame can become an ignition source.

In many fender-bender collisions without injuries, the fire department may never respond. Even when firefighters are on scene, there's no guarantee they've disconnected the battery, especially if the hood is crushed shut.

When towers take possession of vehicles, they're accepting responsibility for the vehicle, its contents, and—more importantly—its condition. While no tow company intentionally causes a fire, there are known precursors every tower should recognize.

Not My Fault

Vehicle fires occur with little warning and for many reasons. Mechanical failures, damaged electrical systems, fuel vapors igniting during impact, battery failures, or heated vehicle components can all contribute. Some fires don't begin until long after the vehicle has been unloaded and parked in the storage yard.

In one incident, a tower stated, "We had just unloaded the vehicle, heard snapping sounds, turned around, and saw it burning." Another admitted, "I never looked to see if the battery was disconnected."

Once towers accept a damaged vehicle, they're also accepting responsibility for allowing it to remain in whatever condition it arrived.

Adjudicate This

Assuming the tower exercised proper care, custody, and control, a court may ask:

"Mr. or Mrs. Tower, did you take steps to disconnect the vehicle's battery before the fire occurred?"

Suppose the response is, "I didn't know the battery wasn't disconnected." That answer only demonstrates a lack of due diligence.

Tow-Related Fire Causes

Vehicle fires happen for a multitude of reasons. The following examples identify common causes:

-- Stored vehicles rarely ignite from leaking fuel alone. However, improperly placed J-hook chains have punctured fuel tanks. When leaking fuel or vapors meet an ignition source, fire or explosion becomes likely.

-- Dually equipped trucks and motorhomes towed on flat tires can generate enough sidewall friction to ignite adjacent tires, wooden truck beds, or the underside of motorhomes.

-- Vehicles parked on burning highway flares may have tires that continue smoldering during transport and eventually ignite after being stored.

-- Non-wrecked vehicles towed with the parking brake engaged can develop wheel-end fires.

Prevention

To reduce the possibility of fires during transport or after arrival at the facility, company policy should clearly dictate procedures for preventing vehicle fires.

-- Designate an isolated parking area for crashed vehicles, away from offices, buildings, hazardous-material storage, and other stored vehicles. Leave damaged vehicles there until they're determined to be cold and fire-safe.

-- Keep wrecked-vehicle storage areas accessible to responding fire apparatus and close to hydrants, hoses, water supplies, and large fire extinguishers.

-- If a vehicle is still hot upon arrival, flood both the vehicle and surrounding area with copious amounts of water until all fire potential has been eliminated.

-- If re-ignition occurs, call 911 immediately. If there are no visible flames and it's safe to do so, use a forklift or skid steer to move the vehicle into an open area.

Sooner or Later

Knowing what to do—and having a fire response plan—makes good sense.

Common sense suggests towers verify whether the vehicle's power source has been disconnected. The number-one way to lessen the possibility of a vehicle fire is recognizing existing hazards and acting accordingly. Blaming the fire department is fruitless.

Remember, if a wrecked vehicle is delivered to a body shop, dealership, or customer's home and later catches fire, the tow company will likely be blamed if the battery wasn't disconnected.

Sufficiently Covered?

Insurance coverage is broad and often complicated, depending on the services your company provides.

Does your policy cover fires that occur after vehicles have been placed into storage?

If one stored vehicle catches fire and damages others, does your on-hook or garagekeepers coverage provide sufficient protection?

In previous fire incidents, companies discovered they had no coverage because their business policy didn't specifically address fire-related losses.

Are you covered?

The Bottom Line

Owners should ask their insurance providers specific questions about post-storage vehicle fires, particularly when other vehicles or structures suffer damage from fire, smoke, or water.

Don't wait until a catastrophic fire reveals gaps in your coverage.

Towers are responsible for ensuring vehicles are loaded, towed, and stored in a fire-safe manner. One of the simplest ways to reduce fire risk is to eliminate electrical power whenever possible.

Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 57-years, he has been involved in the towing and recovery industry. In 30-years, he has contributed more than 800-safety focused articles for American Towman Magazine, TowIndustryWeek.com and POLICE Magazine. He is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.