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.

why dont you claim with your insurance and have them do the hard work?

Often AAA wil absorb the deductible (as they will get it too from the tow shop). If things go well today with the tow shop, then great. Else at least ask your claims adjuster it can't hurt. This is why people carry insurance Schnizzit happens.
-nB

Filed a Comprehensive Claim
 

I was doubtful. Comprehensive wouldn't cover my glass in Rhode Island (cracked during gasket replacement) but they will cover my tranny - no questions asked!

AAA has been disappointing. The woman handling my complaint told me that her estimate of my car's value was $150.00. BS.

Now I'm into the big question. Will they total it? I have Geico insurance and while they are extremely professional and very service oriented, my understanding is that they're not too generous when it comes to determining market value.

I'd like to get prepared for next week's inspection by having documentation of recent sales of a similar model. Also, will it help that I have new paint, windshield, GP's, starter, battery, tires, rims, fuel lines, brake lines, seals all around, turn signals, headlight doors, stereo?

Tripple A should help you out on this.... They are supposed to contract REPUTABLE towing companies.
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.

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

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

Here is an opinion from a court case that is related to your interests:

Court of Appeals of Ohio, Sixth District, Wood County.
MOTORISTS MUTUAL INSURANCE CO., Appellee,
v.
V.J.'s TOWING, INC., Appellant.

No. WD-90-41.

March 29, 1991.


Warren S. George, for appellee.
William R. Lindsley, for appellant.


DECISION AND JOURNAL ENTRY

This is an appeal from the decision of the Perrysburg Municipal Court following a trial to the court. Appellant asserts that the court's finding that appellant was negligent in towing appellee's insured's car is against the manifest weight of the evidence. We find that there was sufficient competent and credible evidence before the court from which it could make its determination. We affirm its decision.

Appellee, Motorists Mutual Insurance, is issuer of an auto insurance policy to Theresa Kahler. It acquired its interest in this suit by subrogation. Appellant is a company that operates tow trucks. In April 1988 Theresa Kahler was involved in a collision accident near Perrysburg. One of appellant's trucks was called to tow Kahler's 1987 four wheel drive Subaru. The car was towed approximately two tenths of a mile to appellant's business property. A damage appraiser viewed the car at appellant's location and noted its mileage as 8,707. Later appellant towed the car to a Subaru dealer in West Toledo for repair, a distance of approximately sixteen miles. At the Subaru complex, mechanics discovered that the car's transmission was without fluid and that its working parts had been fused together. When the appellee's damage appraiser once again viewed the car he observed that the mileage on the car was sixteen miles less than he had noted when he first viewed the car at the appellant's business location.

Appellee sued appellant alleging that appellant had negligently towed Kahler's car to the Subaru dealer by allowing the front wheels of the car to be on the pavement during the tow. Appellant denied this, asserting that a dolly had been placed under the front wheels of the car when towing the vehicle.

At trial appellee called the transmission specialist from the Subaru dealership. He testified that Kahler's car had a constant four wheel drive. He further testified that damage of the type observed in Kahler's transmission can occur if the car is towed with the front wheels on the ground at speeds above twenty miles per hour. The Subaru transmission specialist also testified that the effect of towing this type of car with its rear wheels elevated and its front wheels on the pavement is a regression of the mileage indicated on the odometer.

Appellant's presentation consisted of testimony by appellant's employee who indicated that when he towed Kahler's car to the Subaru dealership he elevated the front wheels of the car and put dollies under the rear wheels. An employee of the Subaru dealership who was an acquaintance of the tow truck driver testified that he saw the car being towed on dollies. The owner of the appellant towing business testified he saw the car leave his place of business on dollies. The owner also testified that the appellee's damage appraiser had called after his initial viewing of the car at the appellant's business and requested someone to check the mileage because the appraiser had failed to do so.

On this evidence the trial judge issued a decision and judgment in favor of appellee from which appellant appeals. Appellant puts forth a single assignment of error:

“THE TRIAL COURT'S DECISION AND JUDGMENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.”

“Judgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed by a reviewing court as being against the manifest weight of the evidence.” C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, syllabus.

The trial court had the following uncontroverted testimonial evidence before it: (1) Kahler's car was capable of movement immediately prior to the accident that required it to be towed; (2) the car was given to the care and control of appellant who towed the car first to its place of business, then approximately sixteen miles to a Subaru dealer; (3) at the Subaru dealer it was discovered that the operating parts of the transmission of Kahler's car had fused together; (4) a car in which the parts of the transmission are fused together will not move; (5) transmission parts may fuse together if a four wheel drive car is towed with its front wheels on the pavement; (6) if a four wheel drive car is towed with its front wheels on the pavement the reading on the car's odometer will reverse; and (7) the odometer on Kahler's car read sixteen miles fewer after having been towed to the Subaru dealer than the mileage noted at the appellant's place of business. Arrayed in opposition to this evidence is the testimony of the owner of the appellant towing company, its employee and an acquaintance of the employee that the car was properly towed with its wheels supported by a dolly.

“On the trial of a case, either civil or criminal, the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of facts.” State v. DeHass (1967), 10 Ohio St.2d 230, paragraph one of the syllabus. Deference should be given to the trial judge who is also a trier of fact because, “the trial judge is best able to view the witnesses and observe their demeanor, gestures and voice inflections, and use these observations in weighing the credibility of the proffered testimony.” Seasons Coal Co., Inc. v. City of Cleveland (1984), 10 Ohio St 3d 77, 80. This deference is such that it has been said to rise to the level of a presumption. Id.

It is clear that the uncontroverted evidence, much of which is physical evidence, is in conflict with the testimony of appellant's witnesses. Notwithstanding any presumption or deference, from this evidence the trial court could have reasonably found that the damage to Kahler's transmission occurred while her car was in the care and control of appellant and inferred that this damage resulted from the appellant's negligently towing her vehicle.

For this reason we cannot say that the trial court's decision is without competent, credible evidence in its support. Therefore, appellant's assignment of error is not well-taken.

On consideration whereof, the court finds that substantial justice has been done the party complaining, and the judgment of the Perrysburg Municipal Court is affirmed. It is ordered that appellant pay court costs of this appeal.

Well, appelate decision looks good, but better hope you don't have to go that route. As for paralegal handling the case, this is also not a good idea as it is generally against the law (and an ethics violation on the part of the attorney who farmed the paralegal out).

Keep AAA on it, get insurance co. on it and exhaust all personal avenues before taking the litigation route.

Insurance Came Through
 

First value they came up with was $1500.00. ""they're gonna total it!" I couldn't believe that the adjusters would only use two sales to come up with that figure. I was looking at a total and a salvage title and $500.00 bucks all said and done to do my tranny work.
That was unacceptable, so I did a quick search of cars.com and autotrader.com. The prices that dealers were asking on those two sites (about five 240D's) averaged to $3500.00. I emailed my adjuster and the next day they came back with a revised value of exactly that: $3500.00. Now we're talking.

Got a check today for the full estimated repair cost of an installed/ rebuilt tranny: $2400.00.

Geico is going after the Tow company for the recovery of their output.

Good News and three cheers for the Gecko.

Right on!!! Your perseverance paid off. Insurance companies are a "For Profit" business. If they can bam-bousal people to take less then THEIR bottom line looks better.
30 years ago I had an old OVAL window VW. Some jacka$$ cut me off on the freeway and buggered up my car. At the time the damage was worth $750. They said the car wasn't worth that according to blue book value.
I held out and told them to "Just replace the car ". They said they could not. I told them then just give me the money to fix it.
It took a few months but it happened.

You guys that have nice cars can get them appraised, get a statement from the appraiser and insure your car for that value.