Tow company damages car and say their not responsbile to pay?

[Swifster]

Make a claim against the tow companies insurance, its a "defective work product". No deductible for your buddy and a rental car.

The insured (the tow company) would need to file the claim. The owner of the truck can't make the claim. The same is true with your car policy. Someone else can't make a claim without you agreeing to it.

 

[mustangjoe87]

He's trying to afford a lawyer to fight the case, however he's not financially well right now. Thats why i feel bad for him loosing his truck.

He doesnt need a lawyer just needs the business name and the insurer. Than call in the claim, they will find out the rest in their investigation.

And the part that gets me is that this supervisor/boss has agreed and admitted his driver fucked up with the tow, but claims theres now way to prove that the tow caused the damage and that it wasnt their before the tow. I did tell my buddy to try to record the phone calls with the guy if the speak again.

Both parties must consent for a recorded call/ statement

 

[mustangjoe87]

The insured (the tow company) would need to file the claim. The owner of the truck can't make the claim. The same is true with your car policy. Someone else can't make a claim without you agreeing to it.

They can and do, they will find it is just with the copy of the invoice

 

[Swifster]

i see, but the lady did acknowledge and agree that the truck needed to be flatbed towed?

And then AAA HIRED that particular vendor (tow company). I'd start raising a fuss with AAA. You think the tow company would want to lose AAA's business?

 

[kovacs32]

And then AAA HIRED that particular vendor (tow company). I'd start raising a fuss with AAA. You think the tow company would want to lose AAA's business?

AAA said they would get back with him, but he doesnt feel too good about what they will conclude. Sounds like two companies fucked up and might be able to push it off....who knows, I just figured theres a alot of people in the business on motown thats why i asked

 

[Swifster]

They can and do, they will find it is just with the copy of the invoice

Not. The insurance company works for their insured. You can pressure the insured to make that claim, and most will. But if the insured (the tow company) denies responsibility, they can not call their insured a liar. The big thing is that it will be cheaper to fix that truck out of pocket than to submit a liability claim with their insurance company. But they don't want to pay and they don't want to make a claim. Go after AAA.

 

[kovacs32]

Not. The insurance company works for their insured. You can pressure the insured to make that claim, and most will. But if the insured (the tow company) denies responsibility, they can not call their insured a liar. The big thing is that it will be cheaper to fix that truck out of pocket than to submit a liability claim with their insurance company. But they don't want to pay and they don't want to make a claim. Go after AAA.

so you think calling AAA and demanding them to fix the truck would be the best route?

 

[Swifster]

AAA said they would get back with him, but he doesnt feel too good about what they will conclude. Sounds like two companies fucked up and might be able to push it off....who knows, I just figured theres a alot of people in the business on motown thats why i asked

While it's been I while, I worked at AAA and Road Service can and will pay out on liability. But this was 15 years ago, and at that time, AAA had a small fleet of their own trucks. If neither pay up, get a complete estimate of repair and file a small claims suite. I believe the max is $3000. And claim both of them as defendents. Do you think AAA wants to send an attorney to court over $3000?

 

[kovacs32]

While it's been I while, I worked at AAA and Road Service can and will pay out on liability. But this was 15 years ago, and at that time, AAA had a small fleet of their own trucks. If neither pay up, get a complete estimate of repair and file a small claims suite. I believe the max is $3000. And claim both of them as defendents. Do you think AAA wants to send an attorney to court over $3000?

well from what i understand the initial estimate is well over $3,000 in parts alone (obviously dealership price) I will talkt o him later and see if i can get a copy of the diag

 

[sofa king]

Thats always been the case that I know of....They aren't responsible for damage, I think they even said that on the Repo show, or some one of those weird shows they were giving tickets, boots, and towing cars.

 

[Swifster]

so you think calling AAA and demanding them to fix the truck would be the best route?

Yes. But be nice. You get more with sugar than with vinegar. Then seriously look at small claims court. Small claims court is also a quick way to get someone to use their liability insurance. Make sure his request includes the words... 'plus court costs'.

 

[Sean]

So I dont have all of the facts yet until i can get my buddy to calm down and explain a little better but from what I gather this is what happened.

His girlfriend was driving his 2000 Expedition when it suddenly shut off and would not restart. He has AAA and called them to get a tow truck, the operator asked and he confirmed the vehicle was all wheel drive and would need to be flat bed towed. Meantime his brother meets his girlfriend to give her a ride and sees the regular tow truck pull up and start hooking up to the truck. He tells the tow driver the truck is AWD and that it needs to be flat bedded.

The tow driver says their flats are all busy at the time and that he would dolly the wheels. So the brother and girlfriend leave and go home to Milan (truck was broke down in A2) about 45 mins later here comes the tow truck with the expedition being towed from the rear with no dollys under the wheel. As the driver is dropping the truck my buddy is asking him why he towed it that way and told him itmost likely damaged the Tcase/ or trans. The driver told him it wouldnt have hurt a thing and to call his supervisor if he had a problem with how he towed it.

So, the truck gets towed a second time (different company) to the local ford dealership where the tech states that the original reason the truck shut down was a faulty coil pack, and that the transfere case and transmission are damaged from being towed. My buddy calls the tow company and the supervisor admits the driver made a mistake in the way he towed the truck but said he is not liable for the damage, and that the damage was probably done before being towed.

What kind of advice do you guys have for me to give him? hes pretty upset, especially since he just put a newer engine in the truck 6 months ago.

they tow company is completely liable in the course of bussiness to take reasonable precuations to avoid vehicle damage. This makes the tow company negligent. Get used to saying that word.

 

[Swifster]

Thats always been the case that I know of....They aren't responsible for damage, I think they even said that on the Repo show, or some one of those weird shows they were giving tickets, boots, and towing cars.

I can tell you that's not true. For something the city wants for booting or towing, that may be true. Not true in repo cases. The problem is that most don't try to fight the lender regarding the damages. I helped someone who had their car damaged from a repo. The tow company (on Groesbeck & 14 mile in Fraser) did $1300 worth of damage to the car. The guy owed $2400 on the car. The settlement in Macomb County Circuit Court was that the guy owed the lender $1100 to be paid over three payments. The money came from the lenders pocket. Not sure if they went after the tow company.

 

[kovacs32]

TTT, saw UWIN is logged in...

 

[4 cam tbird]

I saw mention of the t case using a clutch pack for auto mode, if that is the case, it should need power to the transfer case to apply the clutch. So while it wouldn't be good to have a speed differential across the clutch for that distance because of neutral drag, it wouldn't kill it and it wouldn't hurt the transmission as the trans output wouldn't even be spinning. Now if there is a differential in the transfer case, that's another story, that thing would be f'd.

 

[U Win Towing]

So I dont have all of the facts yet until i can get my buddy to calm down and explain a little better but from what I gather this is what happened.

His girlfriend was driving his 2000 Expedition when it suddenly shut off and would not restart. He has AAA and called them to get a tow truck, the operator asked and he confirmed the vehicle was all wheel drive and would need to be flat bed towed. Meantime his brother meets his girlfriend to give her a ride and sees the regular tow truck pull up and start hooking up to the truck. He tells the tow driver the truck is AWD and that it needs to be flat bedded.

The tow driver says their flats are all busy at the time and that he would dolly the wheels. So the brother and girlfriend leave and go home to Milan (truck was broke down in A2) about 45 mins later here comes the tow truck with the expedition being towed from the rear with no dollys under the wheel. As the driver is dropping the truck my buddy is asking him why he towed it that way and told him itmost likely damaged the Tcase/ or trans. The driver told him it wouldnt have hurt a thing and to call his supervisor if he had a problem with how he towed it.

So, the truck gets towed a second time (different company) to the local ford dealership where the tech states that the original reason the truck shut down was a faulty coil pack, and that the transfere case and transmission are damaged from being towed. My buddy calls the tow company and the supervisor admits the driver made a mistake in the way he towed the truck but said he is not liable for the damage, and that the damage was probably done before being towed.

What kind of advice do you guys have for me to give him? hes pretty upset, especially since he just put a newer engine in the truck 6 months ago.

if they are a AAA tower i would call AAA and talk to the clams dept, no matter if we damage a car no matter if they sign a release it does not hold up if we damage something we have to pay for it, if we dont our contractor (AAA FORD CHRYSLER GM) will take it out of our ck, we had a prob with a bumper being damaged the car was in a ditch when it snowed, but we said we are not responsible for damage you sign the release so he went to our contractor road service and they pretty much said there is nothing we can do.....ect ect im the one that wiched him out and i no i didnt damage it but it dont matter and at the end of all of it they took it out of our ck , THEY ARE RESPONSIBLE FOR THE DAMAGE, you are the customer i would call, if u need some info or need to talk u can call me its easyier to explain on the phone

 

[derbydad276]

call fox 2 they love this stuff

http://www.myfoxdetroit.com/subindex/about_us/contact_us

 

[U Win Towing]

They are going to claim he signed a waiver for any damage, but if he pursues the issue in court, they will most likely be found liable. Have your friend find an attorney to send the towing company a letter, that might scare them into paying.

it dont matter when AAA called there towing company he wont have to go that far, you are wright if he needed to go that far he could, now if he payed cash for the tow it would be much harder he would have to go that route, but not in this case,

 

[U Win Towing]

it has Auto4wd, 4H and 4L selctions. Not sure how the auto works though? doesit use a viscous coupler like in my AWD explorer or does it run strictly off the wheel speed sensors?

i cant beleave he even made it 10 feet cause i no if i tow a awd the wheels lock up right away,,,..........wow

 

[U Win Towing]

Not. The insurance company works for their insured. You can pressure the insured to make that claim, and most will. But if the insured (the tow company) denies responsibility, they can not call their insured a liar. The big thing is that it will be cheaper to fix that truck out of pocket than to submit a liability claim with their insurance company. But they don't want to pay and they don't want to make a claim. Go after AAA.

1000% true