Transmission Help Needed - Won't Shift out of 1st after Tow
 

You got it. I had my 240D towed last night (fuel supply problem). But it seems that the towing rig cooked my transmission.

I requested a Flat Bed, but instead got a kid with a Wrecker. It was towed in N with the engine off and the rear wheels on the ground. I spoke with a shop I trust and, sure enough he agrees; At 60 miles per hour that situation will make toast out of the transmmission.

ouch.

Time to start the procedures of gettng the tow company to pay up. Do you have an owner's manual? It does state the proper tow procedures, and since you requested a flat bed, and they sent something else, I say the tow company is responsible for the tranny repairs.

Spinning the tranny from the propellor shaft changes the tranny fluid flow and pressure applications internally. It can cause valve body damage, clutch pack damage, etc. N, does not disconnect the transmission from the propellor shaft, as some towing companies will try to make you believe.

The rear pump will try to engage above 30 MPH & yes that WILL cook the trans!

Procedures have begun. AAA is making contact with the company on my behalf. Then the tow company is in contact with me and I guess I'm on my own, unless I get a lawyer.

Every other insurance situation I've had was Insurance vs. Insurance. This time is Me vs. Insurance. Not something that I'm looking forward to.

Should I have a good lawyer?

yikes.

Kid probably thought he was doing the right thing with the rear wheels on the ground as most of his expirience is probably with front wheel drive vehicles these days.

Probably would not hurt, but I just do not trust lawyers. Hopefully you will not need one.

Should be pretty straightforward case in small claims court. No need for a lawyer in small claims. I'd be filing the paperwork in small claims if I were you.

Kerry is right unless the tow company settles up ammicably. You will have to be very cautious if they offer to replace the transmission themselves. Get everything in writing and double check everything. From my own experiences as well forget the lawyer. As was mentioned by that route you may as well go put a new transmission in now with your money. There are honest lawyers out there without too much self interest. I just cannot find them.:D At worse you should get a judgement through small claims court. Try to arrange to have an expert witness with you in small claims court if it comes to that. Any automatic transmission rebuilder type person would do. A lot of todays judges or surrigate judges in small claims are so unknowledgeable they depend on so called expert witnesses for any knowledge whatsoever. I also have grown to love insurance companies over time. I would like to throw a tar and feather party for them at my expense. :D If a person feels otherwise about them thats okay too. I know some people are treated fairly but a few of us do get into quite a squabble to settle up with them in a reasonable fashion from time to time.

Spend the few hundred bucks on a lawyer on retainer just so that you don't get screwed by their insurance companies.

Nothing beats the peace of mind of insurance other than a lawyer who hates insurance companies ;).

I would be worth a few dollars to have an attorney "keep an eye" on the situation on your behalf. The other parties to this mess are looking out for themselves; you are on your own and must look out for yourself. It won't hurt to at least talk to an attorney; most will do an "initial consultation" for free.

I second that notion!

No lawyer.
However, for about half the price you can get an excellent paralegal who will do fine for you.
We went to a lawyer when in the accident and ended up having a staff paralegal handle our case. made a huge difference in what they would take from the settlement (about 10%). Anyway, if you go to small claims court lawyers are not allowed (in Calif at least). Since you should be able to get a complete rebuild for under $5K you won't need to go anywhere else.

Expert witness: Dealer Mech. No one will argue his qualifications.
Have the dealer farm out the rebuild as required and they will likely supply the mechanic in court. Second best is an indy with a long MB track record.

About the rebuild: The tow company CAN NOT FIX IT!. you pick the shop, they can write the check. Same as collision body work. The insurance company can recommend a shop, but they can't force you to use a shop.

Finally: AAA is a great company. If need be file a claim on your comp. insurance (if you have it). Then it will be your insurance's lawyers after the tow company and not you. Ask your claims agent if this is an option, it was for me in a similar condition (they dropped my car off a lift).

Cheers and good luck.
-nB

What's it gonna cost?
 

Realistically. What will a rebuild (old, new, the one I've got) cost?

My best case scenario right now is that the Tow Owner comes by in the morning, agrees to tow the car himself (properly of course) to the shop of my choice for estimates, agrees to foot the bill and I have a new tranny.

Worst case is that the Tow Owner low balls me and I have to go to small claims.

Or, we could settle on something in between. I can chip in a bit. I wish I'd read my owner's manual more closely.

I'm pretty sure that this won't be covered under my comprehensive insurance, and even if it were, I'd be out the deductible.

Thanks for your support. Or are you all revelling in a bit of Schadenfreude ?

jeez.

Look, there is no $ in this for a lawyer, unless you are gonna pay him more than the cost of a new tranny. See what happens with tow company, but it would be wise to prepare your information for small claims court as mentioned.
Good luck, and sorry.......:(
**just a thought, but could a vacuum line have been knocked off, causing tranny to shift very late, possibly after the point where you quit accelerating**
How far was your car towed?

Jimmy, you're absolutely correct. No money in this for a lawyer. I did talk to one though, in the event that I need his juice behind me.

Hopefully we won't have to go to court. So far, so good. The Tow Co. is trucking Regenbogen up to Vanderveer Motors in Norwood, MA this morning.

As I see it, the guy owes me for the cost of a used tranny and labor. Rebuilt may be beyond what he's liable for but would be good insurance for the next few miles.

But maybe they can fix what's in it now, do the proper vacuum adjustments and we're on our way.

And yes, I checked out all the vac. lines. Nothing looked out of place to my inexpert eyes.