Towing Issues: Rear differential is damaged, nissan murano, rear differential

Question
QUESTION: Hello Richard,
I would really appreciate if you could help me with my issue.
My AWD Nissan Murano was towed form the parking lot in Malden, MA and after I took it back I started hearing noises and feeling vibrations at the back at the turns. The next morning I took my car to the service and they said that rear differential was damaged. $1500.
I called the towing company hoping to get reimbursement but they claimed they used dollies. I have the receipt from them, does not say anything bout dollies. There are 3 types over there:
1)sling/hoist tow
2) flat bed/ramp
3) wheel lift which is checked. I read the user manual and it says my car can be towed on a flat bed truck, none of the wheels should be on the ground. On top of everything, the car was perfectly fine, I took good care of it and the rear differential broke right on the same day as the car was towed...
What would you say about my case?
Again, I would greatly appreciate your help.

ANSWER: Well this sounds like a "YOU SAY, THEY SAY" issue, but its hard to prove if dollies were used or not unless you actually see the vehicle in tow.

The Receipt is great, but if it was to go to small claims court, I bet they would say that the driver forgot to mark AND CHARGE for dollies.  

Now the best thing I can suggest is that you have the mechanics repair the vehicle, and to take all the parts and such and have them checked for damages or indications that it was towed or hooked onto it.

Reason I am saying this, is that in a lot of cases it is easy to see where they might of hooked or what ever. Chains and straps leave marks and such which can be seen.

Now since this vehicle was towed from a parking lot (guessing it was nosed in) then they could of loaded it backwards on the wheel lift and thought that it was ok to go. AWD means that the vehicle will try to turn the wheels which are "not spinning" so I am guessing that the wheel lift was hooked to the rear of the vehicle, and the safety - tie down straps where tight enough that the wheels would not spin when the vehicle was moved. That would strip or grind off gears and the drive assembly parts (Not sure of the inside of the rear differential) which would tend to make it not work right and you would feel the damage as vibration.

Now as to getting it repaired, and the cost recovered, you will need to document everything and that means phone calls, letters, notes, repairs, dealer - repair shop paperwork including quotes and such. IF you get no where in phone calls and such with the tow company, you can send them a letter giving them X amount of days to resolve the issue and if not then legal action will be taken.  DO SEND THAT LETTER CERTIFIED MAIL, RETURN RECEIPT REQUESTED!!!!  You will need that proof that they received it or returned it due to not picking it up.


Keep on the tow company about the damage, and be nice and civil about it. If it does not go anywhere you have the option of small claims court and that would be where all the documentation is the key.

Good luck and I hope it helps,

Also an online source for towing instructions of vehicles which will help in documentation of your claim is located at  www.towspec.com


You can find out the instructions online and print them out for your vehicle there.


---------- FOLLOW-UP ----------

QUESTION: First of all, thank you for your answer.
Second, it happened in  May and my car is fixed and the receipt from the service says that the damages were caused due to improper towing. I also have a warranty rejection letter for the same reason.
Of course I tried to communicate with the tow company and then my insurance and they denied everything. So I got official denial and taking them to small claims. Got all the papers and the Nissan's manual where it is clear which method should be used.
Can you please explain one more thing for me - what is wheel lift?


vehicle towed Wheel li   ANSWER: Sounds like you have it all worked out and you have the paperwork to document the damages.  Now remember that you have to present it to the judge in a way that they will agree with you.

Wheel lift, well this is an older picture I have of a tow I did (this is also showing dollies in use (those are the small wheels on the front end of the vehicle) which go together in pieces (4) and lift the other end of the towed vehicle so that damage does not happen.



---------- FOLLOW-UP ----------

QUESTION: Hi Richard, thank you again!
I just wanted to clarify wheel lift does NOT mean that all FOUR wheels are lifted, right? Can be either the front or the rear. Did I get it right?
And second, I forgot to mention that I not only park my car by putting it on "P" gear, I always use the hand (in my case - leg) brake. Could it worsen the situation with towing or it doesn't matter whether it is on just "P" or both on "P" and hand brake.
Thank you!

Answer
Yes unless the vehicle is dollied like in the picture it means that wheel lifting is done on one end where the wheels are lifted.

Parking brakes work on the rear axle brakes on 99% of the vehicles (Saab's used to work on the front) and if the vehicle is lifted by the rear, then it would not really apply.  It would actually make it where the rear wheels did not turn at all really if the brakes were real tight and the straps which hold the tires in place are super tight.