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95 leg AWD towed at college.


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15 replies to this topic

#1 johnceggleston

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Posted 05 September 2006 - 10:16 AM

my son had his car towed at college yesterday. he reports that they probably didn't piggyback the car but towed with 2 wheels down (front). he's not sure yet. i know the potential problems with towing 2 wheels down.

what is the towing company's responsibility for damaging a car they tow? any one have any ideas?



thanks, john

#2 Legacy777

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Posted 05 September 2006 - 11:23 AM

If there is an AWD sticker on there, they should have known better. As for their liability....not sure. They are of course are going to say it's not our fault, but I don't know for sure.....I think others have had similar experiences.

#3 andrew_j

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Posted 05 September 2006 - 12:30 PM

Make sure your son keeps his tow slip. This typically states the method used.

If damage occurs and they state on their slip two wheels it is an instant and easy case to work out first with the company and their insurance provider. If they gets you no where small claims will with that smoking gun.

#4 Manarius

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Posted 05 September 2006 - 12:35 PM

If they don't want to replace the tranny (because odds are that it's toast if it was towed 2 wheels down), sue the **** out of them. They should know better.

#5 grossgary

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Posted 05 September 2006 - 02:46 PM

they probably didn't piggyback the car but towed with 2 wheels down (front). he's not sure yet.

check this out and move on from there. i agree...they probably did but until you verify that you can't do anything.

you'll likley have to sue or threaten to at least, unless you're good. insurance companies don't maximize profits by giving out money any time they have a chance. they play hard ball, they have more money, resources, training and lawyers than you do. they'll ask what's wrong with the vehicle and you'll have nothing to show them but a car that runs and drives fine. they're used to people not following through with anything so they or their insurance will more or less drag you along. they're good, they'll make you feel like they're being considerate and doing their best to help, but don't be distracted by their ploys, they're trained to do that. be prepared to get serious and in their face (or have a lawyer do it for you) if you want results, do that and you will win. if you hope the insurance company is honest and respectful about a mistake you will have an uphill battle.

good luck and let us know how it goes.

#6 nipper

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Posted 05 September 2006 - 04:33 PM

If this was a manual, they took a huge risk. They could have lost the car and hurt someone, along with driveline damage. If this was an automatic, less chance of killing somone and of internal damage.
Personally i would write a letter to the college, to the towing company, and to the state DMV. Certified letter to the first two. Towing companies are getting away from slings, but they are speedy for impounds.

nipper

#7 mtsmiths

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Posted 05 September 2006 - 05:03 PM

... the Lincoln Park Pirates are we ... http://www.songlyric...ates/70648.html

#8 johnceggleston

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Posted 05 September 2006 - 05:06 PM

it's an automatic. but i've been thinking about it. he said he parked it nose in, this means the rear wheels were accessable. if they towed it with the front wheels down, in park, i'm screwed. but they probably didn't. i just put the transmissin in 3 months ago.

thanks for the responses. as soon as i hear i'll fill you in.

john

If this was a manual, they took a huge risk. They could have lost the car and hurt someone, along with driveline damage. If this was an automatic, less chance of killing somone and of internal damage.
Personally i would write a letter to the college, to the towing company, and to the state DMV. Certified letter to the first two. Towing companies are getting away from slings, but they are speedy for impounds.

nipper



#9 nipper

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Posted 05 September 2006 - 08:42 PM

look at the front tires, see if there are nay flat spots. If they used a trolly then you will be ok. Look at the parking space and see if there is any drag marks. a college tow operator may not be in that much of a rush as its a safe bet that the driver is busy for the first 3 hours of the day.

nipper

#10 johnceggleston

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Posted 07 September 2006 - 09:49 AM

got the car back. the only paperwork was the receipt for the 100$, 50 for the tow, and 50 for the ticket. they towed it 0.4 miles to a lot. i can't believe they would tow it front wheels down with all the front wheel cars around. they "never piggyback" cars, probably don't have that truck, that makes them cheaper, that's why the college usews them. but at the very least they draged it out of the parking space so they could get to the front of the car.

but 0.4 miles ... it seems to drive well, no ill effects, so far.

EDIT: i spoke to the towing company by phone, they put it on a dolly so no problem. they sounded very professional and knwe immediately that subaru was AWD. what a relief.

#11 Storydude1

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Posted 07 September 2006 - 09:55 AM

got the car back. the only paperwork was the receipt for the 100$, 50 for the tow, and 50 for the ticket. they towed it 0.4 miles to a lot. i can't believe they would tow it front wheels down with all the front wheel cars around. they "never piggyback" cars, probably don't have that truck, that makes them cheaper, that's why the college usews them. but at the very least they draged it out of the parking space so they could get to the front of the car.

but 0.4 miles ... it seems to drive well, no ill effects, so far.

My guess is if School towed him, he was parked illegally. Therefore, all claims against the Towing company are Moot.

"Illegally parked vehicles will be towed" sign makes any damage the owner's fault.

sucks, but that's the way the courts will see it.

#12 nipper

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Posted 07 September 2006 - 10:16 AM

got the car back. the only paperwork was the receipt for the 100$, 50 for the tow, and 50 for the ticket. they towed it 0.4 miles to a lot. i can't believe they would tow it front wheels down with all the front wheel cars around. they "never piggyback" cars, probably don't have that truck, that makes them cheaper, that's why the college usews them. but at the very least they draged it out of the parking space so they could get to the front of the car.

but 0.4 miles ... it seems to drive well, no ill effects, so far.

EDIT: i spoke to the towing company by phone, they put it on a dolly so no problem. they sounded very professional and knwe immediately that subaru was AWD. what a relief.


Ok thats a realtivly short distance, thats no worse then what one would do on a flat tire looking of a place to pull over.


*whew*

nipper

#13 dgerard

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Posted 07 September 2006 - 10:56 AM

My guess is if School towed him, he was parked illegally. Therefore, all claims against the Towing company are Moot.

"Illegally parked vehicles will be towed" sign makes any damage the owner's fault.

sucks, but that's the way the courts will see it.


WRONG. The tow company is liable for all damages that they do to your car because of their negligence. Towing an AWD car with wheels on the ground is well recognized gross negligence.

This is a moot point now. The original poster found out it was towed correctly, at least he was told that....


#14 nipper

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Posted 07 September 2006 - 11:07 AM

WRONG. The tow company is liable for all damages that they do to your car because of their negligence. Towing an AWD car with wheels on the ground is well recognized gross negligence.

This is a moot point now. The original poster found out it was towed correctly, at least he was told that....


IN NYC (tow capitol of the world it seems at times) the courts have found repeatedly that the tow operator is liable for any damages or mising property from the car. Their job is to secure and safely transport property. From what i remeber from my law classes trhis is universal.
The problem is proof. You have no idea how many people lost Monet's in thier trunk after being towed.

nipper

#15 Manarius

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Posted 07 September 2006 - 12:39 PM

I saw a case like this on the peoples' court. They towed an Explorer back wheels down - totally fubared the tranny. The towing company was liable. If they don't tow it right, you can sue them.

#16 Storydude1

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Posted 09 September 2006 - 10:16 AM

And the School towing vultures will claim that they towed it less than a mile.

Not near long enough in a Judge's eyes to cause any damage.

Been there, done that, got the t-shirt to prove it.




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