[NefCanuck]

NOS2Go4Me,Oct 1 2008, 01:11 PM Wrote:Just to clear the air: the tow truck driver is liable, so long as you didn't sign a waiver before, during, or after the tow, for any damages he incurred while towing the vehicle. If he left the rear wheels of an AWD car on the ground - he's a chowderhead. He's then liable for the repairs to the powertrain.

If they left it running and in neutral (which still doesn't disconnect an always-disconnected AWD system), then you should have let the insurance company know that as soon as you called it in because that makes the tow company immediately liable. Pictures would have been good, too.

Not s***ting on you, bud... hindsight and all that eh?

Oh, and it's perfectly safe and acceptable to tow an AWD car any distance with all 4 tires up in the air. 5KM or 5000, it doesn't matter at that point. So long as you have ground clearance and they're using a wheel-lift system for one end of the car... a flatbed is purely for the owner's pride.

EDIT - if the insurance company is ADMITTING that their adjuster didn't walk the entire car properly and inpsect it thoroughly... it might be time to get yourself a lawyer if they're refusing to cover the damage. If they should have spotted the damage before and are in effect admitting their own slip-up, get a name of the person that admitted it to you, the time and date of the call if they subpeona the call tapes, etc.

Something's rotten in Denmark :o :angry:
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Oh I never signed a waiver and I sure as hell wouldn't now. Besides, any towing company that would have asked a person to sign a waiver after just being involved in an auto accident is begging to get screwed over in court (think about it, you've just been involved in an auto accident, your adrenaline is sky high, nerves are haywire, what judge or jury in their right mind is going to uphold a waiver signed in those circumstances?)

Oh I know that if all four wheels are up, whether dolly or flatbed, there wouldn't be any issue at all.

I've got a call into the claims adjuster (who conveniently never seems to be around when I call her) to discuss the handling of this file. I'm at the point very soon where I'm going to say "cut me a check for the car and I'll take all the business I have with your company elsewhere" <_<

As for pictures, that just had to be the day I let the phone battery drain down to almost zilch. It was in the console charging at the time and didn't have the juice to take a picture :(

NefCanuck