Towing Issues: AWD Subaru Towed/Flat tire/Missing Tools, subaru outback, personal contents

Question
Hi...

My 97 Subaru Outback was towed from out of a carport Monday night and today I went out to pick it up. The back passenger tire was flat as a pancake and would not take any air at all. My tires were in fine condition before it was towed. Even one of the guys that work at the towing company said the tire was not like that yesterday. Who is responsible to fix this? I couldn't even drive it home. Then I noticed that the tools (tire changing equipment) that are actually a part of the car (located in a stock tray in the rear of the vehicle) were missing. These are not personal property but part of the vehicle. I asked the girl where they were and she said, "Probably in the property bags.) Well when I got the property bags, the tools were not in there. When I got there, she gave me a piece of paper to sign which said basically that I found the car on the same condition as when it was towed. I did not sign the paper, I wanted to look at the car first. Good thing I did. Who is responsible for this? Does the tow company or auto dealer who had it towed have any responsibility in this?? When I say something, people want to dodge responsibility, I'm sick of it. I highly doubt this was done by vandals, this property is fenced like a prison. What can I do? Call the Sheriff and report stolen property? What do the laws in the State of Oregon say? HELP!!  Cindi

Answer
I am having a hard time understanding your question. Are you asking about the missing tools or flat tire, both? As for property bags, that usually involves repo's where personal items are collected and the vehicle goes to auction. I have never heard of a service center bagging personal contents for general repairs. Why was the vehicle towed in the first place? I am going out on a limb and assuming the possibility of the jack, tools, etc. could have already been missing if this was a used vehicle and you are not the original owner. Too many times have I seen a spare tire missing from used vehicles that people have owned for years until it's time for a emergency tire change which results in a tow. As for the flat tire, most tow operators will complete a walk around inspection before the vehicle is towed and make a note on the tow ticket. Most Awd drives are flatbed because of the drive trains so I don't know how the tire could have been damaged or flattened in their care unless the tire already had a problem before it was towed. If the tire had a slow leak there would be no way for anybody to know if left unattended but please don't take this as making excuses either. If the service center test drove the vehicle and picked up a nail or screw then they could patch the tire in good faith and for customer service. As for the police and the cost of a jack or tire repair/patch this is a civil dispute or viewed as small claims if you feel theft or wrong doing was involved. There is really no need to involve the police as they already have bigger or more serious problems to resolve. If the vehicle was serviced at the reputable dealer then speak with the service manager first or consult the BBB if they are a member. Hope some of this information helps and good luck.