Roadside recovery damaged my vehicle - are they liable?

I was recently transported to a garage by a break-down recovery vehicle after an engine malfunction but have discovered that during the recovery, considerable cosmetic damage was caused to my vehicle.

The recovery operator's certificate has a clause ticked stating that 'any damage caused (during recovery) is not the responsibility of Tinda-Lee or the motoring organisation concerned (AA)'

It being dark and very late when I was recovered, I had not noticed the damage at the time so signed this 'disclaimer' and went on my way.

Can the recovery organisation now legitimately hide behind this clause?

This is the first time in 25 years of motoring that I've had to be recovered from the roadside and it has certainly left me with a bad impression of the service offered.

Since we pay these organisations good money to help stranded motorists in this way, does it not behove them to ensure that our vehicles are treated with the utmost respect and to avoid any further damage to them whilst in their care?

Your advice in this situation would be most welcome since I now not only face considerable cost to repair my engine, but must also now have bodywork repairs carried out that shouldn't have been required were it not for the 'ham-fisted' nature of the recovery.

Initially I thought they were going to be fine as they said to just send them an invoice...

... one quotation & an invoice for £3500 later and they were squirming! ... They sent their own independant assessors who put the damage at about £2000 but despite agreeing 90% of their findings with my company's findings, (i.e. the damage was clearly caused by a trolley jack saddle) they claimed that I couldn't prove it was their agent who had done it.

Now in addition to making me extremely angry, this does 2 things... One, It means they are effectively calling me a liar ... and Two, by their assersion that their agent didn't cause the damage, it implies that the damage was already there, therefore making me a fraudster!!

So, Mr AA (or in this case, Mrs!!) ... For implying that I'm a liar and a fraud I shall now attempt to take you to the cleaners!!

GRRRR!!! ... (He failed to add!!) ... To be continued! ...