Towing Issues: towed away = damaged my car, state farm insurance, wheel bearing

Question
QUESTION: Hi,
My car got towed away in Boston yesterday; I was late by 9 minutes so am not contesting.
As I camne back to NJ, I could hear a noise at the right rear of the car and it was worse on turning short either way.
I have to take it to Nissan for inspection today.
I believe the tow damage the axle or something at the back of the car.
What can I do to prove it and make City of Boston pay? Small claim court? Shall I ask my State Farm insurance to act? or AAA advice?
Thanks a bunch for any info!
Regards,

MM

ANSWER: When you take it in for inspection if the tow operator hooked the axle or suspension there will be obvious signs of damage. An experienced technician will be able to find tell tale signs on damage and when the vehicle gets repaired have the dealer document everything! Also keep all the old parts. If something was bent you will be able to see the paint scrapes and indention in the metal from a hook or chain.

If you find that out the wheel bearing or hub assembly is bad and no other damage is found then it could be the case that it was on the way out and near the end of it's service life and just became more noticeable on the road trip. Also if the wheel encountered some severe potholes in the road that could surely damage suspension, bearing and wheel components.

As for who is responsible for the damage, if the damage points to the tow company then they are responsible. Once the vehicle is at the dealer and the tow company is found responsible for the damage then contact the tow company and explain the situation. Present all your documentation and repairs (make copies) to the tow manager or supervisor and give them the opportunity to reimburse the repair expenses. If they give you the cold shoulder and have substantial proof that they were negligent then file suit for damages. Just because your vehicle was in violation doesn't mean the vehicle can get damaged when removing it.

If you decide to have the insurance company reimburse or you file a claim, you may find after speaking to your insurance agent that even though it wasn't your fault it may still count as a claim against you. Only you can decide if it is worth it. It is unlikely the insurance company will contact the towing company for reimbursement for payout or damages. As for AAA it is also unlikely they will get involved since it wasn't a AAA authorized tow.

Not knowing exactly what type on Nissan you have, do you know how the vehicle was towed? Many tow companies use self loaders for parking enforcement in which most front wheel drive vehicles are towed from the front. If your vehicle is a front wheel drive and was towed in this method then the rear wheels would have been on the ground and rolled in the same method as if you were physically driving the vehicle. It is unlikely any damage would have occurred to the rear suspension if towed in this manner. If for some reason the vehicle was flatbed towed, the bent rear suspension could seem very likely. Some novice tow operators will hook the lower rear suspension on the vehicle. Most vehicles these days regardless of make will get damaged if done this way.

If you have the time take a flashlight and look at the front leading edge on the bottom suspension, sway bar, end links, etc. Look for any tell tale signs of recent scrapes, rubs, indention, or deformations. Also look at the driver's rear suspension and wheels/tires for comparisons. Sometimes if the suspension was pulled hard it will cock the wheel/tire in or out, meaning it is no longer pointing exactly straight.

Sorry to hear that your vehicle was possibly damaged and is no excuse for the tow operator to hook the suspension (if  that happened) because the proper tow slots on Nissans are very easy to find.

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

QUESTION: Hi and thanks a bunch!
I took my Murano to Nissan to the car dealer in NJ where I live after I got towed in Boston the afternoon before.
I only mentioned the noise made by the car but did not want to say anything about towing since I was not sure about the garantee.
Thank God I did not because they repaired it for free: they changed the PIN -COTTER.
I do not have the price of such part and labour expense.
Thing is, my car got damaged and maybe more than it sounded and I wish to ask Boston to realise that they cannot just do this.
What do you think I should ask for compensation? Was driving back from Boston to NJ putting me at risk on the road with such damage?
It was repaired for free under the warrantee that I have paid after all so this is not totally free.
Thank you.
Regards,
M. Moreau

Answer
Honestly, I think the chances of reimbursement are slim to none. My reasoning is there was no out of pocket expense. I understand time is money and the inconvenience involved with making arrangements with the dealer. You could contact Boston about the damage but since the vehicle was repaired with no monetary expense, my opinion, is it would fall on deaf ears. In most cases, it really doesn't get to involved until the vehicle owner had to pay out money for the repairs. With the amount of time and effort, I don't think the end result will be that desirable. Glad to hear it wasn't too bad and you are back on the road, safely.