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mavidz · Feb 26, 2012, 11:19 PM

Hi, AAA had a Tow Service tow my car, and they destroyed my transmission. They had me tow it to my mechanic, who is an Expert Witness for the Los Angeles Supreme Court in re: Automotive cases, and he confirmed it was due to their tow driver slipping the cable wrong. They dragged their feet for FIVE MONTHS, and I told them I would be unable to continue to pay for the hundred dollars a month parking space as I couldn't even get to job interviews because of their untimeliness in adjudicating my claim. They ignored this and thirty days later I sold it. About two weeks went by and they told me I needed to get the transmission "torn out" and certified by an "expert witness". I think this is beyond unfair and illegal but do not know where to turn for help. I live in Santa Monica, California. Thank you!

jayman419 · Feb 26, 2012, 11:38 PM

We don't have enough information to help you. "Destroyed" is not descriptive enough to understand the damage, and it is difficult to understand which cable was attached wrong, and/or how it should have been attached to avoid damage.

If the cable was connected directly to the transmission, or it slipped free and it was punctured by a tow hook, then you may have grounds to seek a civil judgement against the tow company. Usually chains and cables attached wrong cause damage to the drive train, the exhaust, or other underbody protrusions.

Internal transmission damage typically occurs when a vehicle is towed for an extended time at speeds greater than 20 mph with the drive wheels on the ground, and/or when the transmission in any gear but neutral, which is especially important to do with 4WDs.

JudyKayTee · Feb 27, 2012, 07:19 AM

This is more a legal question and less a car question BUT your only alternative at this point is to sue in Small Claims Court. You say you have an expert witness who will "pin" the damage on the tow company.

Take your expert witness with you OR get a notarized statement concerning the damage and the cause of the damage (and not all Courts will accept an Affidavit) and sue for your expenses, loss of value of the car, etc.

mavidz · Feb 28, 2012, 06:49 PM

Hahaha. Thanks. Right. Well, the car was a Volvo Cross Country XLT AWD, so I had lost the key, they had to "slip the cable" and they at first REFUSED service. Then after AAA dispatched the SAME tow company for the THIRD TIME (yes I asked for another) the final guy agreed to let me put him on w/the Volvo Tech who "walked him through the super easy process". When it got to the Volvo Dealership they told me my Trannie was SHOT. I had JUST had the engine rebuilt and had NO money to fix the TRANSMISSION. The AAA Claims gal sat on her hands for a month or two then asked me to tow it to a mechanic who could verify that the car had been fine and that the damage had been caused by their driver. I took it to the guy who had JUST rebuilt my engine, who best to know the condition prior to the tow when I'd lost my key, right? Plus he's a SUPREME COURT EXPERT WITNESS IN CONSUMER AUTOMOTIVE CASES FOR LA COUNTY, so good chops, right? Well she gets all this info plus I'd given her the names of who to speak to at the Volvo Dealership but she waits five months before bothering to call them, and the guy who'd been there was no longer with them. NOW she wants me to TEAR OUT THE TRANNIE! Hahaha! I had told her a MONTH ago look, I don't have ANY MONEY. I NEED MY CAR TO LOOK FOR WORK, I can't pay for a parking spot for a hundred a month when I can BARELY MAKE RENT and am out of EDD benefits. She ignored this a month THEN asked (after I'd parted ways with it OF COURSE) to have the Trannie Torn out. My friend & mechanic and an attorney friend think I'm golden to sue them for wages and stuff I just wanted to get another opinion. Thank you so very very much.

JudyKayTee · Feb 29, 2012, 08:00 AM

Put my name in the "you are golden" column. Sometimes the defense is "if I do nothing and say nothing he/she will forget about it and go away." Like you, I don't forget and I don't go away.

PLEASE come back and let us know how this works out for you.

I'm always somewhat "amused" for lack of a better word when a vehicle is 100% fine, gets towed, is damaged - and no one can figure out how the damage happened. Happens fairly often, by the way.

J_9 · Feb 29, 2012, 08:05 AM

I have moved this thread to the legal boards as it is a legal question.