Home » Public Forums » GMCnet » Tow job ruins transmission, any recourse?
| Tow job ruins transmission, any recourse? [message #65643] |
Wed, 25 November 2009 12:43  |
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Does anybody happen to know if there is any recourse when a towing company does damage to your coach while towing.
When I lost my rear wheel I called Good Sam and told them I needed a roll back. They said that they would send one but when the wrecker showed up it was a standard wrecker. The tow operator told me that the GMC wouldn't fit on a roll back and, besides, there is no problem with lifting the rear end and doing a standard tow. I specifically asked about the advisability of towing the GMC from the rear because of possible damage to the transmission and was told it would not be a problem.
Turns out when I picked up the coach from Grandview Motorhomes that there is no low range, almost no mid range and noise in both neutral and park. I didn't realize these problems until I got home and found that I could not climb the hill to my shop.
I'm obviously pissed an Good Sam, and the towing company but my question is is there any recourse at this point?
Bill Brown - '77 Buckeye Cruiser
Coshocton OH
carguybill@sbcglobal.net
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| Re: Tow job ruins transmission, any recourse? [message #65645 is a reply to message #65643] |
Wed, 25 November 2009 12:54  |
Neil
Messages: 271
Registered: July 2007
Location: Los Angeles and Magalia, ...
Karma: 1
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The first thing to consider is if you have, by contract, waived or released the towing company from those sorts of claims. You need to review the Good Sam agreement and whatever paper work you signed at the scene.
If there is no waiver or release, it is at least arguably below the standard of care, and hence negligent, for a towing company to move your vehicle in a way that does additioanl damage to the vehicle.
Of course, you need to secure an opinion as to the cause of the transmission problem, document and retain evidence that supports the opinion, and present that -- assuming there is no waiver by contract - to the towing company for presentation to its insurer.
Depending on the amount at issue, and assuming the claim is rejected, you either need a lawyer or a really good presentation for small claims court.
Good Luck.
Neil
76 Eleganza now sold
Los Angeles
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| Re: Tow job ruins transmission, any recourse? [message #65647 is a reply to message #65643] |
Wed, 25 November 2009 13:55 |
nchapekis
Messages: 165
Registered: February 2004
Location: Ypsilanti, MI
Karma: 0
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| carguy wrote on Wed, 25 November 2009 13:43 |
Does anybody happen to know if there is any recourse when a towing company does damage to your coach while towing.
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Bill -
If the towing company has a contract with Good Sam, it's more than likely that they carry comprehensive general liability per the requirements of their contract (if they're a reputable outfit, they should carry it anyway). If so, there should be coverage under their policy for "products/completed operations" and/or garagekeepers liability (on-hook coverage in the case of a towing company). Whether insured or not, however, they are still liable if they damaged your coach. I'm not a lawyer, but I don't think a waiver would hold up in court. The problem is proving negligence and getting them to respond. I would first approach the owner of the towing company, and if he's not cooperative contact Good Sam. If that goes nowhere and you end up having to retain an attorney, your legal fees could end up costing more than a new tranny. I hope it all works out for you.
Nick Chapekis
Ypsilanti, MI
former owner - 78 Kingsley
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| Re: Tow job ruins transmission, any recourse? [message #65648 is a reply to message #65647] |
Wed, 25 November 2009 13:59 |
nchapekis
Messages: 165
Registered: February 2004
Location: Ypsilanti, MI
Karma: 0
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| nchapekis wrote on Wed, 25 November 2009 14:55 |
If that goes nowhere and you end up having to retain an attorney, your legal fees could end up costing more than a new tranny.
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...which is why there is small claims court.
Nick Chapekis
Ypsilanti, MI
former owner - 78 Kingsley
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| Re: [GMCnet] Tow job ruins transmission, any recourse? [message #65650 is a reply to message #65649] |
Wed, 25 November 2009 14:26 |
Bmac91724
Messages: 35
Registered: August 2009
Location: Covina CA
Karma: 0
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When they picked up your coach you probably signed a wavier of liability that holds the tow company harmless for any damage they do to your vehicle. You can try small claims court and plead how you relied on the knowledge of the tow company and that of Good Sam for your feeling that they would not send someone stupid enough to tow a GM automatic on the ground much less backwards. An attorney will want up front $ as it's a may win for you. Best bet keep everything you have get statements in writting from them etc and you'll probably have to fix it out of your own pocket and take them and Good Sam to small claims court.
Brett Mac Donald
1974 23' Canyon Lands
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| Re: Tow job ruins transmission, any recourse? [message #65676 is a reply to message #65643] |
Wed, 25 November 2009 18:13 |
Chr$
Messages: 2690
Registered: January 2004
Location: Scottsdale, AZ
Karma: 1
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The tow driver probably didn't even realize the coach had front wheel drive. If he did, he probably would have refused the tow and called someone with a Landoll.
-Chr$: Perpetual SmartAss
Scottsdale, AZ
77 Ex-Kingsley 455 SOLD!
2010 Nomad 24 Ft TT 390W PV W/MPPT, EV4010 and custom cargo door.
Photosite: Chrisc GMC:"It has Begun" TT: "The Other Woman"
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| Re: [GMCnet] Tow job ruins transmission, any recourse? [message #65739 is a reply to message #65705] |
Thu, 26 November 2009 11:44 |
LarryInSanDiego
Messages: 336
Registered: September 2006
Karma: 0
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Manny, would there be any different or increased damage by towing in reverse, maybe less lubrication slung or "rolled" around? I have seen some trannies have widely spaced grooves on shafts that seem to possibly be lubrication paths.
Larry Engelbrecht
San Diego, CA
'73 26' ex-Glacier
TZE063V100319 03/07/73
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| Re: [GMCnet] Tow job ruins transmission, any recourse? [message #66221 is a reply to message #66210] |
Mon, 30 November 2009 23:27 |
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I did try it.
I disconnected the air line to airbag for the bogie arm with no wheel but the max air pressure of ~120psi from my air pump was not sufficient to raise that side of the coach. I saw pictures of Jim Bounds doing this but he had an external air compressor that he used to pump the other bag up to about 180psi.
Bill Brown - '77 Buckeye Cruiser
Coshocton OH
carguybill@sbcglobal.net
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| Re: [GMCnet] Tow job ruins transmission, any recourse? [message #66224 is a reply to message #66221] |
Mon, 30 November 2009 23:59 |
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USAussie
Messages: 15912
Registered: July 2007
Location: Sydney, Australia
Karma: 6
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Bill,
Obviously the pressure required to raise the coach is a function of how much
weight is on the rear wheels. Have you ever had your GMC weighed?
Regards,
Rob Mueller
Sydney, Australia
AUS '75 Avion-The Blue Streak TZE365V100428
USA '75 Avion-Double Trouble TZE365V100426
-----Original Message-----
From: gmclist-bounces@temp.gmcnet.org
[mailto:gmclist-bounces@temp.gmcnet.org] On Behalf Of Bill Brown
Sent: Tuesday, 1 December 2009 4:27 PM
To: gmclist@temp.gmcnet.org
Subject: Re: [GMCnet] Tow job ruins transmission, any recourse?
I did try it.
I disconnected the air line to airbag for the bogie arm with no wheel but
the max air pressure of ~120psi from my air pump was not sufficient to raise
that side of the coach. I saw pictures of Jim Bounds doing this but he had
an external air compressor that he used to pump the other bag up to about
180psi.
--
Bill Brown - '77 Buckeye Cruiser
Coshocton OH
carguybill@sbcglobal.net
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Regards,
Rob M. (USAussie)
The Pedantic Mechanic
Sydney, Australia
'75 Avion - AUS - The Blue Streak TZE365V100428
'75 Avion - USA - Double Trouble TZE365V100426
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| Re: [GMCnet] Tow job ruins transmission, any recourse? [message #66227 is a reply to message #66210] |
Tue, 01 December 2009 00:25 |
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ljdavick
Messages: 3548
Registered: March 2007
Location: Fremont, CA
Karma: -3
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Senior Member |
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I noticed the funny caption - "You picked a fine time to leave me
loose wheel..."
Very clever.
Bill - good luck to you in your pursuit of reimbursement for this
mess. Is that a Ragusa pan on your tranny, and is it still at Tom
Hampton's place?
Larry Davick
The Mystery Machine
On Nov 30, 2009, at 8:08 PM, Nelson Wright wrote:
> Bill,
> I have a question after looking at your photos and noting the caption
> under one of your shots that quote-
> "This is a problem! However, notice NO damage to the body. Traveling
> ~60 mph I got about a 5-6 second rumble then a bang as the wheel
> departed from the coach. Sure glad I had the quadra bag setup".
> With the Quadra bag setup why didn't you just limp in to a service
> center and forgo the towing service?
>
> Nelson Wright
> Orlando Fl.
> 78 Royale rear bath
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Larry Davick
A Mystery Machine
1976(ish) Palm Beach
Fremont, Ca
Howell EFI + EBL + Electronic Dizzy
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