got a free tow off the freeway and had some damage done....

SeansXJ

SeansXJ

NAXJA Forum User
Location
Antelope, Ca or on the Rubicon
so the driver decided to hook the front hooks to my front axle at the C where the shafts come out. he left the hooks in as he lowered me down and broke the pass side ujoint and marred(sp?) the stuff out of the shaft along with pinching the ears enough to not allow the new ujoint to be put in. the drivers side shaft has also been marred(sp?) to hell but the ujoint appears to be ok atleast not broken but im sure the ears will be bent also. i did not notice the damage until i was towed home from my insurance.
i called the free tow program and made a report but of course its the weekend so i won't hear anything until monday or later. im obviously worried there going to deny the damage but you can clearly see the paint from his hooks on my axle where the damage was done. whats the best way to approach this?


Sean
 
Last edited by a moderator:
Take pictures of the damage and if you can of the truck that towed you or of one of other trucks in their fleet that match.

Then get a professional estimate of repair for all damage. Do not present them with an estimate from PnP! You will lose all credibilty if you do that. Now this doesn't mean you won't go to PnP after they pay you. It's simply if you present them an estimate from PnP they will feel there isn't any "real" damage if you can fix it yourself. This will bode well for you later in court, if it goes that far.

Did you sign anything before the tow? If you did, read it. Does it absolve them from responsibility? Even if it does if you can prove the driver didn't act in a professional manner or the damage was willful you still have a claim.

The fact that you had someone else tow it after the free tow doesn't bode well for you. Have you informed the free tow company of this yet? If not then don't volunteer anything. Don't lie if they ask, just don't volunteer the info.

And remember, be polite and avoid arguing. Try and play up the "I need this car for work" angle (or something similar) and ask for their help in solving YOUR problem.

Good Luck. No I'm not an Attorney, I've just sued a lot of people in small claims court. Plus I watch Jugde Judy! lol!
 
DaveNJeep said:
Take pictures of the damage and if you can of the truck that towed you or of one of other trucks in their fleet that match.

Then get a professional estimate of repair for all damage. Do not present them with an estimate from PnP! You will lose all credibilty if you do that. Now this doesn't mean you won't go to PnP after they pay you. It's simply if you present them an estimate from PnP they will feel there isn't any "real" damage if you can fix it yourself. This will bode well for you later in court, if it goes that far.

Did you sign anything before the tow? If you did, read it. Does it absolve them from responsibility? Even if it does if you can prove the driver didn't act in a professional manner or the damage was willful you still have a claim.

The fact that you had someone else tow it after the free tow doesn't bode well for you. Have you informed the free tow company of this yet? If not then don't volunteer anything. Don't lie if they ask, just don't volunteer the info.

And remember, be polite and avoid arguing. Try and play up the "I need this car for work" angle (or something similar) and ask for their help in solving YOUR problem.

Good Luck. No I'm not an Attorney, I've just sued a lot of people in small claims court. Plus I watch Jugde Judy! lol!
Click to expand...

yeah i was planning on going to the dealer to get an estimate on parts and labor. im going to put a spare shaft in i got lastnight from NorCal Chris thanks to Phil! this is my only running vehicle right now so i have no choice but to fix it, which is going to be the issue when going up there to handle this. i want to appear to be helpless like an average person would be when something like this would happen to them. i actually took a picture of my XJ on the truck so i have a picture of the truck already and the damage done to my rig. Monday will tell all i guess...thanks for the input Dave.
 
me too Billy me too!! i just finallly got ahold of someone at the yard and she said call back obviously, i was hoping someone i could talk to would be working. she says they will come check out the damage and tow it to get repaired....i think i have a right to choose my own repair shop right? i am a newbie to this being i have never made an insurance claim.
 
bics90xj said:
Get 2 estemates and turn those in. If they claim fault the insurance should write a check to you.
Click to expand...


Well the will most likely want to tell you to take it to the shop but it is your right to request a check for the repairs. Then you have the choice to source the parts yourself and do the work yourself or have any other shop do the repairs. Remember to disclose what type of shafts they were and so forth a good insurance company should replace what was broke and not just return it to stock. If they were stock 260 joints remember stock 297 joints and shafts are the same cost and an upgrade.

Josh
 
Hence Letterman the reference to "Small Claims Court". Litigate for your deductible. I've done it and won. They can turn it down all they want. If you can prove beyond a reasonable doubt, you'll win. Besides, we're getting ahead of ourselves. He's still is attempting to get the tow company to cover the damages, he hasn't approached his Insurance Company yet. Frankly I imagine he won't either. I wouldn't. I would attempt to collect from the tow company, then if they refuse, take them to small claims. Insurance has nothing to do with this since it wasn't a collision. I imagine it would be the same statute as if a mechanic performed a repair that went wrong or a contractor did some damage to your house.

Just as a side note, this Wednesday I'll actually be in Small Claims in Sacto. Ex-Landlord decided to keep most of our security deposit, boy is she in for a surprise. The last Landlord ended up paying us the entire original amount PLUS costs. Like I said, like People's court says, "Don't take the law in your own hands, take'em to court!"

Let us know how it turns out, I'd be interested in finding out.
 
i will be calling at 8...i will let ya know for sure.



thanks
Sean
 
move on? so you think im just goin to write this off as a lesson learned? you gotta be joking!!! its fixed so i can get to work, period.....CHP came to my work, the driver came to my work and took full blame so there going to handle it. i was on the phone getting qoutes all day and the cheapest i got was $1600 all the way to $2800 from the dealer. so we are argeeing on a medium there, the numbers somewhere around $1500.
 
SeansXJ said:
move on? so you think im just goin to write this off as a lesson learned? you gotta be joking!!! its fixed so i can get to work, period.....CHP came to my work, the driver came to my work and took full blame so there going to handle it. i was on the phone getting qoutes all day and the cheapest i got was $1600 all the way to $2800 from the dealer. so we are argeeing on a medium there, the numbers somewhere around $1500.
Click to expand...
thats a $50 fix. Used Pick-n-pull shafts and New spicer joints pressed in.

But hell, if you walk away with $1500.. i wouldnt blame ya for not giving up:clap:
 
yah im jealous. but then again people need to do their jobs right. and part of that is properly training staff to do their job right. although i think 1600 is insane, i think its really cool.
 
yeah it is what it is, i don't see any sense in writing this off thats for sure. 1500 would be nice to put into the rig, debating on going waggy axles or not.
 
yeah right after you send it to Chris....since you gave them to him right? its just some good karma finally, all the parts i have given away on the trail and on the board here, i get it now. that same night i gave Chris my extra PS high pressure line...it all comes around. so i can thank you also Phil!!
 
So lets see if I got this right, feel free to correct me.

Your junk broke down.
You got a free tow off the freeway.
You got less then $50 worth of dammage from your free tow.
You got the parts to fix it for free.
You are going to get $1500.

I guess it does not matter where you get that money from, as long as you get it.

SeansXJ said:
it all comes around.
Click to expand...
 
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