My baby was destroied by towing company. Two days ago, I parked illegally, they towed without notice.I heard they put the front wheel on the ground from neighbor. After then, I found big noise from rear differential. Does any one knows what happen and what have to change? I heard I should change front differential, rear differential, transmission and trans-shaft. Is that true? Suggestion: All subaru 4WD should be towed by 4 wheel off the ground.

Isn't there something in the manual about getting towed on a flat bed? For the Jag X-type there is (that's *snicker* AWD also *laughing hysterically*)

It's in your owners manual. They probably messed up your differentials for sure. Their fault, their pocket. Sorry to hear about it, though...Always flatbed a scooby..

As long as you didn't remove that AWD sticker from your back window that towing company is liable for destroying your centre differential. Go after those bastards! All AWD vehicles should be flat bedded, a tow truck driver should know that.

You're definintely looking at a new centre diff, and possibly a front diff. Get it to a dealer, and send the bill to the two truck driver. If they refuse to pay, call the cops.

-Pete

Originally posted by Chunky_Chicken
As long as you didn't remove that AWD sticker from your back window that towing company is liable for destroying your centre differential.
-Pete

The AWD sticker is your claim huh, good to know. Common sense will tell you that, will that hold in a court of law? I have been told it can also be dinghy towed, all 4 on the ground.

Those bastards!!! Hate them! Can't tow all 4 on the ground when you have not authorized them for the towing because the parking brake would be up.

Have you contacted the towing company? Don't let them play dumb. Actually you should get your estimate first and just present them with it. Just remember, if the damage is less than $5,000 go to small claims court if they won't pay. Don't even waste your time negotiating with them.

So, you guys are saying even if I deserve to have my car towed(like parking in a handicapped spot), and the tow company tows it incorrectly, they owe me?

This makes sense to me, as it would be analagous to them towing the car and keyeing it and breaking the windows. It just amazes me that judges actually will make the tow company pay because most judges are pompus idiots who wouldn't know AWD from ADD(attention deficet disorder).

Correct me if I'm wrong, but don't the signs warning you of being towed say "at owners risk and expense"? Now to me that sounds like you're authorizing them to tow your car by simply parking there, and you assume all risk and liability for damages incurred.

But that's just my take on it.

BTW they don't have to use a flat bed truck. Almost all towing companies use a dolly under two wheels because most people don't leave the car in neutral with the parking brake off when they illegally park. If they towed the car with the front tires on the ground, the rears should have attempted to spin as well. I can't believe that any tow truck operator would tow a car with the wheels on the ground locked.

Sorry about your bad luck but I'll have to agree with horatio102 on this one. Most towing is at owners risk and expense. Hopefully you can get the towing company to pay for the repairs to your car.
Good Luck
Mike

It's true about the "owner assumes all risk...etc" but come on, they should have the decency to tow the car correctly. Even if the car was at fault. What kind of company/city do you live in if everyone just treated everything else like crap and didn't respect each other's property?

I say you contact a lawyer about this to be really sure. The damages aren't going to be cheap so you'd want to be "protected".

That sucks man, really. Hope it gets fixed out of their pockets. Good luck.

Post the name of the towing company or PM me with it, and I'll see what I can do to help you file a claim against them. I can possibly find out who their insurance carrier is and what coverage they have. Either way, they are responsible and their insurance will cover it, subject to a deductible ($1,000 is usually the lowest they have), if they have the proper coverage.

And before someone starts in with the legality of what I'm doing; it's all public info. You just have to know where to get and who to ask. Tricks if the trade. :D

I believe it is owner expense unless there is gross negligence. I would think that this would fall under that clause. Nothing ventured, nothing gained.

Curt

A sign can't take away your rights. Just like most waivers that you sign can not sign away your rights. All they can do is show that you were "aware" of the risk of being towed. For example, if you were late for work because your car was towed, you couldn't sue for lost wages or suffering or anything because you knew of the "risk of being towed". But if your car is damaged because of thier faulty actions - they are liable.

Towing is their business, they should know it.

Think about it. If you owned a business with a stairway that was weak and damaged, you couldn't rid yourself of all responsibily if someone fell by simply putting a sign that said "Person's using steps assume all risk." Hell, even if they signed a waiver saying the assume the risk and won't sue you if they fall, they still CAN sue you if they fall due to a broken step rather than their lack of coordination.

That said, the towing company can still give you grief because giving you a hard time is cheaper than paying your repair bill. But if it really comes down to it, you could sue them + the owner of the parking lot (even if it is public owned).

BTW: You ARE a creap for parking illegally in a handicaped spot, but that doesn't mean that you deserve to have damage to your vehicle.

Originally posted by Keiho
but come on, they should have the decency to tow the car correctly. Even if the car was at fault.

It wasn't the car that decided to park illegally, it was the driver who made that choice. Anyway, it still stinks and I hope the company pays for the damage.

Best is to review the towing instructions for your specific vehicle as found in your owner's manual. This information is kind of important to know.

Turbo4Me, how can towing an all-wheel drive vehicle with 2 wheels up and 2 wheels on the ground not be gross negligence?

I mean that it SHOULD be gross negligence. I hate it when my fingers don't type what I mean to say.

Curt

From everything I have read, courts have always ruled in favor of the owner of the car as long as the AWD sticker was obvious.

SOA had an article about this in Drive Magazine. Contact SOA and they should be able to give you some advice as to how to handle the towing company.

Those signs only apply to towing expenses. Any damage that happens to the car while in possession of the towing company is usually their liability.

Trust me, it won't hurt them to pay...that's why they have insurance.

Sean

If it is reasonable to believe that a "professional towing service" would be aware of the "proper" method for towing an AWD drive vehicle. If they did not follow that method, then they were negligent and therefor are at fault. Before a person can determine the "proper" method for towing a specific vehicle, that person must ascertain if the vehicle is RWD, FWD, AWD, etc., and then determine what is the appropriate "method". It is obvious that they did not do this, although any reasonable person would assume and expect this to be done. Therefor, they are liable.

Ah, he was parked illegally. Well, that does change things a bit, but I still say try to get them to pay for repairs. Good luck!

This very fact has occured to me and it scares me. The fact that if you ever park illegally, they are not going to call a flatbed truck to move your car. Most of the kinda places that do these towing jobs probably don't even have flatbeds.

I've been rather worried if that AWD sticker is enough. Anyone have any idea which Drive issue it was? I believe they keep these archived online on the Subaru site.

I would just e-mail SOA and tell them what happened. They'll give you the information that you need.

Sean

It doesn't matter if his car was parked illegally or not. How often do they tow legally parked cars without the owner's knowledge? The law may vary state to state, but the only circumstance I can think of that it wouldn't be the towing company's fault would be if you were parked in a fire lane during a fire.

IF the AWD sticker isn't enough, how about the fact that is was a SUBARU?! Seriously though, if there are differnant meathods for towing cars based on drivetrain, then it isn't too much to ask for someone to determine what drivetrain type someone has before towing a car.

One thing, I would make damn sure that your neighbor was correct in his/her account of what happened.

To award or not award a claim on this couldn't be based simply on the presence of the AWD sticker. I don't see many Eclipses or BMW xis or old Galant VR4s with AWD stickers on them..

Good luck. What a mess.

lb
www.trancelab.com

I guarrantee you, SOA isn't going to give legal advice. They will refer you to the owner's manual.

The towing company can put whatever sign up they want, but the sign isn't going to cover their butt in regards to their liability to the cars they tow. They have the right to tow the car because the owner of it parks it in the wrong spot, they don't, however, have the right to destroy the car. The business law book I have explains it.

If they really don't have to pay for damages that happen from towing, then why would they even have to spend money in buying insurance for their towing company.

yep, if they break your car, they have to pay. Its that easy. Get a copy of the local towing/parking ordinance, read it, fill out the paper work and take the tow company to court.

As long as you have proof that they damaged it, they'll have to pay. Tow companies document dings and scratches before they tow, but not trany problems.

I had a friend get a new set of tires b/c the tow company dragged his car up onto a flatbead. They put a flat spot, he claimed, on the tires. He took them to court, showed the judge the skids on the pavement from the tow, and won the case.

Trust a judge, they are smart and they usually hate tow companies as much as everyone else does. Just be truthfull and present a clear, well documented case and you'll win. I've done it. Tow co's suck.

good luck

Ok, let me make it totally clear. They are at fault, and their insurance company has to pay, subject to the deductible on the policy; period. This issue is quite clear.

I am giving you my personal opinion based on many years of experience in the insurance industry, and more particularly in specialty insurance programs specifically designed for towing companies. Like I said in my first post, if you want some possibly helpful information, just let me know. Hopefully I can start you in the right direction.

man, I actually seen it done in person. A towing company tried to tow away this Jeep Cherokee and the rear tire was screeching in agony the ENTIRE time. The guy coulnd't move the suv that far because the rear tires does not move! I can't imagine what they HAVE to break just to get the car moving. And it is not like THEY DON'T know something is wrong, the car is making all these noise for crying out loud. Some people are just stupid.
:mad:

Little bit off topic. Years ago on 20/20, they used hidden camera to film the car thieves. Those bastard used a flatbed. The dragged the car onto the bed. The wheel(s) of the cars (might be in gear and hand brake on) didn't move, they just slapped tons of thick grease in front of the wheels for the car to slip up the bed easily.

Originally posted by NotoriousWRX
Post the name of the towing company or PM me with it, and I'll see what I can do to help you file a claim against them. I can possibly find out who their insurance carrier is and what coverage they have. Either way, they are responsible and their insurance will cover it, subject to a deductible ($1,000 is usually the lowest they have), if they have the proper coverage.

And before someone starts in with the legality of what I'm doing; it's all public info. You just have to know where to get and who to ask. Tricks if the trade. :D
appreciate that yours useful info. The company is Brandmoor tow. I asked their insurance, but they say I don't need the insurance they gonna take care of it. could you tell me what should i do.
sincerely,

tread lightly bud! If they say they are going to do it themselves, get it in writing and get a firm date that they will fess up the money on. If they do not fess it up on the exact date, demand the insurance info call them and file a claim. don't wait more than 20-25 days. after 30 you lose a lot of things.

I would not trust them as far as I could throw them. You might even go so far as to say ok, no problem you can take care of it, but I want the insurance info any way. IF they balk at that, tell them nevermind, you want the insurance to handle it and you WANT the ins. info.

If they say they are going to do it themselves, get it in writing and get a firm date that they will fess up the money on. If they do not fess it up on the exact date, demand the insurance info call them and file a claim.

I would file a claim anyway. Do it now, don't wait. when you file your claim, tell them that the towing company has offered to fix it.

Let the towing company move the car to a subie authorized dealer (on a flat bed this time) to have it fixed.

And before you do anything, get the towing companies repair offer in writing! this is very important because it's an acknowledgement that the damage was caused by their actions, not yours.

ChosenWon is correct. Get it in writing. Make sure you've your estimate from the dealer for fixing the damage with you. After that, you can deal with their insurance directly. Don't go there before they either admit to their own insurance company or given you the written commitment.

Wondering why I hate them so much?! Is it because I got towed several time in the past with my first car or is it because these bozo's runs other cars off the road so that they can be the 1st to get to the accident site to get business.

I can;t believe people are arguing over this. it does not matter if you were parked illegally. The towing company is responsible for your damage due to negligence. period. it will stand up in court.

Eric

Sorry Imprezinator, not too much "argument" going on here. Each of us just giving inputs.

ok, I'll give you that, not to much but i can just feel the thread ready to explode :)

Eric

I mean, the ones who towed the estimated 2,500 vehicles out of Logan's Terminal B parking garage on September 11th. I read in the Boston Globe that many people's cars were damaged, and have to believe many of them were 4WD or AWD, this being New England and everything.

I believe in that case, Massport was liable, but I would hope that a towing company would be liable for damages in , whether you did something wrong or not.

Is there a police officer or tow-truck driver/owner on the list who knows about these things?

David

You guys are making me rethink my decision to de-badge my car, especially the AWD badge.:confused:
I gotta slap that bitch back on and move my car from the handicapped spot!!!!!!!:p

My advice - get an estimate, go to the towing company and ask for remuneration, and then haul their ass to court if they don't budge.:monkey:

Debadging is fine but it has been discussed many times here that it is not good to take the AWD badge off your car.

Eric

I work at an airport and when the tow truck company tows a car, they look under every car from Acuras to Yugos, to check out the drivetrain (mod freaks will do anything to any car ;)). The company that towed your car should have done the same thing and taken proper precautions, AWD sticker/plaque or not. Don't let them lie to you, they're responsible.

:( Greg

I'm with tactical. The AWD badge on an Impreza (TS, RS or WRX) is so small. Do you really think that the tow truck driver will notice that? Those guys should LOOK under the car and see where the drive wheels are. It doesn't take that much to do. These guys are so in a hurry to tow the car away to make their buck and even if you get there in time before they go, you will have to pay like $100 in order for them to unhok your car.

Sounds like this towing company may not have the proper
insurance in the first place to even be in business, if they
want to pay out of their pockets like that. Sounds a little
fishy to me. Get it in writing for sure.

Wish you luck!

Life is so much easier if you just follow the rules.............;) ;)

Sounds like this towing company may not have the proper insurance in the first place to even be in business

Dude, that's beautiful...maybe you can get these bandits shut down! Your misfortune is for the greater good!
Your Subaru is a martyr!:lol: :lol:

...those bastards!


GET IT IN WRITING!! File your claim first, get the towing company to "admit" their mistake and insist that the repairs be done by a Subaru Dealer. (That may be the difficult part).

MAKE SURE YOU HAVE IT IN WRITING, WRITING, WRITING!!

Man, not that I park in HC spots, but I'm thinking of putting AWD graphics all over my car. And maybe even a little sticker on the driver's window stating how the car should be towed.

Good luck and please keep us posted.

Peace,
Oqui

Back in the good ol' school days in Austin TX like 10 yrs ago, I double parked at my friends Condo (Orange Tree Condo's) garage. I heard the truck lowering the lift (my car was not hooked yet) so I rushed out. He saw me running toward him, so he pulled a chain with a hook at the end of it and hooked that to my car. He claimed that my car was in his possession, I can either pay him $50 right the way for release of the car or let him tow it and pay $75 when I pick it up.

I then opened my car door, sat in my car, left the car door open. I told him that if he were to tow the car with me inside with the door opened, any injury to myself or damage to the car, I will sue the pants off the owner of the tow company.

Obviously the tow truck can't ever tow the car with people inside. After 30 min (!!) of waiting for me to give up, he gave up and left. I guess he figured that there are better business in that area than for him to wait for me to give up.