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#1
11-15-2006, 01:58 PM
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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.
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'82 240D, 215,000 + Classic White, Regenbogen 
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#2
11-15-2006, 02:08 PM
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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.
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RRGrassi 70's Southern Pacific #5608 Fairmont A-4 MOW car 13 VW JSW 2.0 TDI 193K, Tuned with DPF and EGR Delete. 99 W210 E300 Turbo Diesel, chipped, DPF/Converter Delete. Still needs EGR Delete, 232K 90 Dodge D250 5.9 Cummins/5 speed. 400K Gone and still missed...1982 w123 300D, 1991 w124 300D
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#3
11-15-2006, 02:09 PM
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The rear pump will try to engage above 30 MPH & yes that WILL cook the trans!
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MERCEDES Benz Master Guild Technician (6 TIMES) ASE Master Technician Mercedes Benz Star Technician (2 times) 44 years foreign automotive repair 27 Years M.B. Shop foreman (dealer) MB technical information Specialist (15 years) 190E 2.3 16V ITS SCCA race car (sold) 1986 190E 2.3 16V 2.5 (sold) Retired Moderator
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#4
11-15-2006, 02:38 PM
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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.
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'82 240D, 215,000 + Classic White, Regenbogen
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#5
11-15-2006, 02:43 PM
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Probably would not hurt, but I just do not trust lawyers. Hopefully you will not need one.
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RRGrassi 70's Southern Pacific #5608 Fairmont A-4 MOW car 13 VW JSW 2.0 TDI 193K, Tuned with DPF and EGR Delete. 99 W210 E300 Turbo Diesel, chipped, DPF/Converter Delete. Still needs EGR Delete, 232K 90 Dodge D250 5.9 Cummins/5 speed. 400K Gone and still missed...1982 w123 300D, 1991 w124 300D
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#6
11-15-2006, 02:52 PM
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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.
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1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13
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#7
11-15-2006, 04:16 PM
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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.
 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. 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.
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#8
11-15-2006, 04:25 PM
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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  .
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http://superturbodiesel.com/images/sig.04.10.jpg 1995 E420 Schwarz 1995 E300 Weiss #1987 300D Sturmmachine #1991 300D Nearly Perfect #1994 E320 Cabriolet #1995 E320 Touring #1985 300D Sedan OBK #42
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#9
11-17-2006, 07:22 PM
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Quote:
Don't let ANYONE BS you saying "Well it is an old car and we can't be responsable" A friend of mine had his '90 Dodge Cummins powered with a Getrag five speed towed without dropping the driveline.... The trans WELDED itself. The TOW company had to pay for a complete rebuild. Don't let them try to just "PATCH" it.
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My Truck.. 2007 DODGE, 5.9 Cummins, 6spd stick, 4X4. My car..1977 240D, OTHER WHEELS...1955 VW Oval window bug, European Delivery (Holland) with a 1700cc, 2 barrel, Porsche drum brakes. 1939 WILLYS Pick-up. 1967 Triumph 200cc Tiger Cub. 1976 Honda 550F 4cyl Motor Cycle.
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#10
11-17-2006, 08:18 PM
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Looking into the professional licensing requirements for tow truck operators. If there are licensing requirements then there are probably professional standards that go along with it. If those standards require some knowledge of what you're doing then that should entail knowing that you don't tow a rear wheel drive with the rear wheels down. Find that standard of professionalism, established that the operator breached it, then make a claim of professional negligence. In any event, report the incident to the licensing authority, or tell the tow truck operator that you feel you will have to call that authority if you are not able to work this out.
The State has an interest in protecting it citizens from professionals who don't have a clue what they're doing. Be prepared to compromise. Here are some examples: http://www.dol.wa.gov/business/vehicletransport/vttowtruckop.html https://revenue.stlouisco.com/Licensing/TowTruckOrd.aspx http://www.senate.mo.gov/05info/BTS_Web/Bill.aspx?SessionType=r&BillID=21084 http://www.nyc.gov/html/dca/html/licenses/125.shtml http://www.puco.ohio.gov/Puco/IndustryTopics/Topic.cfm?doc_id=418
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http://i284.photobucket.com/albums/l...aman/Fleet.jpg Peach Parts W124.128 User Group. 80 280SL 85 300SD 87 300TD 92 300D 2.5 Turbo 92 300TE 4Matic Last edited by pwogaman; 11-17-2006 at 08:29 PM.
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#11
11-17-2006, 08:39 PM
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Take a look through the links on this page for professional standards:
http://www.towpartners.com/associationpartner.php Look at this page discussing certification program. Note that vehicle placement is an element of training: http://www.towserver.net/certification.htm#l1
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http://i284.photobucket.com/albums/l...aman/Fleet.jpg Peach Parts W124.128 User Group. 80 280SL 85 300SD 87 300TD 92 300D 2.5 Turbo 92 300TE 4Matic Last edited by pwogaman; 11-17-2006 at 08:50 PM.
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#12
11-15-2006, 02:40 PM
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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.
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Terry Allison N. Calif. & Boca Chica, Panama 09' E320 Bluetec 77k (USA) 09' Hyundai Santa Fe Diesel 48k (S.A.)
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#13
11-15-2006, 11:23 PM
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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.
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'82 240D, 215,000 + Classic White, Regenbogen
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#14
11-16-2006, 01:04 AM
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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?
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Jimmy L. '05 Acura TL 6MT  2001 ML430 My Spare Gone: '95 E300 188K "Batmobile" Texas Unfriendly Black '85 300TD 235K "The Wagon" Texas Friendly White '80 240D 154K "China"  Scar engine installed'81 300TD 240K "Smash" '80 240D 230K "The Squash" '81 240D 293K"Scar" Rear ended harder than Elton John
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#15
11-16-2006, 09:33 AM
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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.
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'82 240D, 215,000 + Classic White, Regenbogen
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