holy crap!! good luck bro.. hope it all works out

 

I have to say, this is the most ridiculous set of statements. Down time? They will cover a rental. Next. It's not a matter of hardship and there will never be punitive danages awarded. At least not here in the states. Time spent away from work visiting a lawyer, are you serious. Have you ever been involved in civil law suits or mediation? I doubt it.

And if you think the judge won't want to know why he needed a tow, again you seem like you have never been to court. The judge will want to know the entire story. Not, "so I was on the side of the road needing a tow". Well why did you need a tow? That's immaterial to the case your honor... Yeah right. Never gonna happen. He will ask and you will have to answer. Engine trouble, car just died, etc.

They damaged his driveline. They should pay for that. I agree. They should cover his rental and possibly his legals. That wll be for a judge to decide. But to try and sue for 20K to include the motor is, imo, unethical.

 

Should have read this before my last post. This makes more sense to me. Although diminished value does not apply, at least here it does not, to the replacement of mechanical parts. I can see you getting the dealer price, but they may put stipulations on that and argue that they can get it cheaper elsewhere. It's either going to be a fight or you could just work it out with them once the suit is filled.

 

Yea sue them for more then parts and labor. Tow companies should dam well know by now that AWD vehicles have to be flat bedded. Its rediculous. They can pay to fix your car. They can put you in a rental vehicle. They can also apologise for their stupidity and give you a few extra bucks for all the nonsense. They arent just going to say oops i'll fix it.

 

So i went to my lawyer today. He is pretty sure we will win this but it will be a long battle. Pretty much the only thing thats against me is they are going to claim i damaged the drivetrain at the drag strip. The lawyer wants every single piece of evidence/info i can give him. Even the receipts of oil i bought to do my oil changes. Not that this has anything to do with the case directly, but it shows i dont slack off on my maintenence and i take care of my car. He said the more things i can show, the more the judge will side with me. For example. I'll have a mountain of evidence and info of my car, the tow truck company will have nothing. Even the driver said its his fault and he will testify to that. Which brings me to my next point. The lawyer said if the driver accepts fault in court...its over, i win. So once i left the lawyers office i went back to talk to the company owner. Complete waste of time since he is saying "oh well the dealership said if you move the car 10 meters it will lock the drivetrain. My driver didnt move it more then 10 meters" wtf does that have to do with anything? First of all, thats if you are in gear, the car was in neutral. Second, that doesnt prove the driver didnt move the car. Then he said "i talked to the dealership and you just had your clutch replaced? you had the car for 1 year, i've had my trucks for over 5 years and never once have they broke down" Ok once again, that proves nothing. Then he said "get your lawyer and sue me, it wouldnt be the first time, i been doing this for 10 years" so other people sued him? doesnt surprise me. It's going to take some time but in the end im sure ill win.

 

Youre screwed. Imagine you were judge (who is a normal person that doesnt know diddly squat about cars or give two hoots about cars). You have a heavily modified vehicle, were drag racing at a strip, blew your engine, and already had to replace your clutch after a year of ownership. What would you rule? P.S. All the tow company driver has to say is you told him not to worry about it being AWD, it was already blown or didnt matter if he towed it like that. It's a he said/she said argument.

 

If you knew it was going to get damage from the tow and You let him continue to tow
that is like giving someone permission to break your car then sue him.
If you didn't know then its tow company's fault of course, but it sounded like you knew and took a chance.

 

geez talk about bad luck, id just part my ways and buy a diff evo lol

 

Jesus, this sounds crazy. My boy blew his engine on the way to raceway park in 2010 and I thought that was a nightmare... Good luck with everything

 

You have wittnesses that saw the car start on fire during the tow right? bring them. Also pay a master certified technician to come with you. The judges stupidity wont win.

 

The tow companys stupidity is not his problem. They are liable for their stupidity and are an unworthy tow company

 

Oh I agree they are idiots and probably did damage parts of the drivetrain, but i'll be shocked if he can convince a judge in court given all the other facts (which just look really bad and make it look like the op is trying to pull one over) and win anything other than a bill for his lawyers time. Hope I'm wrong for his sake.

 

I had a dodge 1500 with the 5.9L with a huge lift. I took it to the dealer for an oil change and trans service, and I told them they would have to use a 4post lift or none at all to do the change (the truck had a huge lift). The tech ignored me and tried to use a 2post lift with extensions. My truck slid sideways and fell off the the lift. It damaged my custom paint job and the bed and my drive shaft and transmission housing.

My lawyer got them to cover parts, labor, my rental car (took 6 weeks since I had House of Kolor Chameleon and it's hard to get paint), my lawyer fees, and they covered 2 days worth of pay from work. One for my consultation with my lawyer and one for the day I spent at the dealer waiting on the Chrysler rep to meet with me and the lawyer.


The dealership tried to say that because I came in with transmission complaints they should not have to cover my trans and driveshaft. The judge stuck it to them and said that the reason I was there in the first place was irrelevant to the technicians mistakes in lifting the vehicle.

If I had not had my lawyer fees paid by the dealer, the cost of the lawyer and trans would of been ball-busting.

This happened here in the states, and I've never been to CA. I did mention in my post that I'm not sure what the laws are like in CA, and it might not be possible for him at all. But here in the states if you lawyer up well enough, you can pretty much get what you want. Just ask OJ Simpson or Casey Anthony.

 

Thats the plan. Boy i hope it pays off because my *** is broke right now. With the 2 tow truck fee's (the night they wrecked it and then a second company to get it from the dealership to my place), dealership fee and the consultation ($200) and the lawyer fee's ($2500). I sure hope i win so i get that back and of course payment for the damage.

 

Well, I stand corrected. You did very well.

Sorry if I came off douchey.