Towing Issues: Towing Damage Issue -- Do I have a case?, toyota matrix 4wd, small claims court

Question
Hello Richard,

I found this website while doing some research for a small claims court issue I'm pursuing and I'd like to ask your help. There were a few answers similar to my case, but I'd still like to get an opinion from you if possible.

My car (2004 Toyota Matrix, 4wd) was towed from a parking lot a month ago, while I was at Megacon in Orlando, FL. I thought it was far enough away to be public parking but apparently I was mistaken. I'm not disputing the fact that my car was towed, that was my own fault and I gladly payed the tow fee and reclaimed my vehicle.

However, upon leaving the tow premises, my friend and I noticed an odd churning grinding noise from the rear right side of the vehicle, which unfortunately I had to drive home on. I took the car in for inspection and repair to find that the viscous coupling and rear differential of the vehicle were severely damaged, resulting in about $4000 in repair costs. This is a very low mileage vehicle (~18000), and due to this and the fact that I did not notice anything wrong with it before it was towed leads me to believe the towing company did something wrong.

I'm already pursuing the manner in small claims court since I really didn't get any help from the tow company specifically. My question is, do you think this kind of damage could be caused by improperly towing the vehicle? Since I didn't see the vehicle towed itself, do you think I have a case for getting the money back for the damage caused?

Also, may I use any answer you might have to help my case in small claims court? If not, that's fine, I'd still be that much wiser.

Thanks very much for any help or advice you might have.

--Geoff

Answer
Geoff, I would love to help you more with this, but I was not there either and do not know how it was towed also...

It also depends on what kind of truck was used, (flatbed or wheel lift truck), how it was towed, Front in or backed in...

Attachment points and such are also a big key here...


There are about a hundred issues here and I really can not provide much of an answer here for you...


www.towspec.com will provide a "basic answer" on how your vehicle should be towed, but remember that is for "general towing issues" and impound towing  always is a whole different ball game...


You say you talked to the tow company and did not get any help, well it depends on what they say or "claim to have done" when they towed the vehicle...


I know with my experience in towing, I can think of a few things which might of gone wrong, but again without seeing things, and doing an investigation into the whole case it would be hard for me to say what might of been done and who would be responsible...