REVscene - Vancouver Automotive Forum

Rotary_Rage · 11-02-2011, 05:21 PM

I've recently moved to Alberta and left my project with the shop that has been doing all the work. They were in the midst of moving when I left for Alberta so I left them some money to tow my car to the new shop location. There was more then 1 car that needed to be towed out all of which needed a flat deck to move, mine included. The tow truck driver hauled away the first bunch of cars and said he'd come back for mine another day.

He showed up with just a regular tow truck, the guys at the shop expecting a flat deck just zapped each of my wheels on quickly with 2 nut per wheel (car is 4 bolt) they told the driver this and that he shouldn't tow the car. The drivers response was "It's alright I'll be driving slow" and hooked the car up anyways. He then drove away, my buddies where shortly behind him to help him unload the car at the new shop, but when they had caught up to him my car had lost a rear wheel and had been dragged about 100ft or so down the highway. The Driver then told my buddies "guess i should have dolly'd it after all and laughed, then unhooked the car and just took off.

My car was uninsured, but because it was in the tow truck drivers possession at the time ICBC can get involved under his insurance and garage policy. I called the tow truck driver and asked what he'd like to do about the situation, he basically told me "not my problem your buddies didn't strap the wheels on properly, it looked like they used cheap aluminium nuts or something" (120$ lugnuts are hardly cheap) So I called ICBC and had a claim started, I was told right away that yes its the drivers fault and that he is 100% at fault. Now today I talked to ICBC and they're telling me that it may not be his fault and that I should go after my buddies shop or I'd have to take the tow truck driver to Court.

I haven't yet seen pictures of the damage, I should hopefully have some this week. From my understanding both of my Origin Rear over fenders are cracked about 5" per side and the one coilover that was dragged may be to damaged to be any good, initial guess of damage is anywhere between 1500$-3000$ from my perspective, without seeing the car I have no idea.

This car has been my project for the past 4 years, every extra dollar I've had has been put into this thing, being a single income family and father of 2 its difficult to find money sometimes, the car was within a few months of being finished, this is a pretty crappy setback, the fenders I'm not worried about, I'm a bodyman by trade so I can fix them no problem but I can't just go buy a single coilover to replace the broken 1, a full set new is around 1200$ shipped for low end.

If anyone has any experience with an issue similar to this that can give me a few pointers as to how I should deal with this it would be greatly appreciated

Incase anyone was wondering the car in question is a full Origin widebody, single turbo 13B-REW powered AE86

fliptuner · 11-02-2011, 05:39 PM

1. The shop shouldn't have allowed the car to be towed by a regular truck.
2. The shop shouldn't have allowed the car to be towed by a regular truck with only 2 nuts/wheel.
3. The shop shouldn't have allowed the car to be towed by a regular truck with only 2 nuts/wheel w/o dollies

4. The truck driver is an idiot and shouldn't have towed the car on a regular truck w/ 2nuts/wheel and no dollies
5. The truck driver's a douchebag for leaving
6. ICBC's trying to weasel their way out of it by telling you to go after the other 2 parties

Bottom line is either talk to a lawyer or if it's not worth the money, take the tow company to small claims court, stay on ICBC's back and see what the shop is willing to do for you since they should've looked out for your best interest.

white rocket · 11-02-2011, 05:46 PM

Sorry to hear about this shitty situation. Your car sounds like a beauty

I would ask your adjuster what information was brought forth to make them change their tune about fault. The car should have absolutely been dollied. The driver should have known this. He decided to tow the car without the wheels secured properly. Seems pretty cut and dry to me. Maybe he is telling ICBC that your buddies made him tow the car as is. Without being there yourself when it happened it's hard to say who said what. With ICBC, it's all negotiation. Their trying to find reasons to NOT pay your claim. You need to find out those reasons and build your case. Either way, one of the garage policies will cover the damage.

Great68 · 11-02-2011, 05:47 PM

I think more of the blame is on the shop than the tow truck driver.

Ask yourself, if you were there to make the decision would YOU have let your car go on a regular truck with only 2 lugs/wheel without dollies?

I realise you say the shop guys are your buddies, but they made a pretty massive brain fart in judgement on your behalf here.

Plus tow truck drivers don't have a shitty, shady reputation for nothing!

77civic1200 · 11-02-2011, 06:01 PM

Can an un-insured vehicle legally be towed without dollies? I thought the rule was that it had to be off the ground if it wasn't insured?

Rotary_Rage · 11-02-2011, 06:06 PM

Quote:

Originally Posted by 77civic1200

Can an un-insured vehicle legally be towed without dollies? I thought the rule was that it had to be off the ground if it wasn't insured?

i thought this aswell

Rotary_Rage · 11-02-2011, 06:09 PM

Also I know it wasnt the greatest decision they have made but these guys are two of my best friends, I'd eat the cost of repair before I took them to court.

anti_rice · 11-02-2011, 06:15 PM

Quote:

Originally Posted by 77civic1200

Can an un-insured vehicle legally be towed without dollies? I thought the rule was that it had to be off the ground if it wasn't insured?

tow truck drivers are allowed to tow a vehicle without insurance. They have special insurance policy to do so. It doesn't have to be off the ground.

mmmk · 11-02-2011, 08:37 PM

Quote:

Originally Posted by anti_rice

tow truck drivers are allowed to tow a vehicle without insurance. They have special insurance policy to do so. It doesn't have to be off the ground.

Then what happens if the truck driver gets into an accident and damages the car he is driving...

Eff-1 · 11-02-2011, 08:49 PM

Rough situation.

If my years of watching People's Court serves me correctly, I'd say the garage is liable to you for damages. Your contract is with them, not the tow company. The garage therefore needs to compensate you, then the garage can seek damages from the tow company.

If you're such good friends with the garage, you'd think they would offer to compensate you without question.

Hope this turns out well for you.

Soundy · 11-02-2011, 09:16 PM

Quote:

Originally Posted by Eff-1

Rough situation.

If my years of watching People's Court serves me correctly, I'd say the garage is liable to you for damages. Your contract is with them, not the tow company. The garage therefore needs to compensate you, then the garage can seek damages from the tow company.

dangonay · 11-03-2011, 05:05 AM

Shitty deal. Shop screwed up big time and tow truck driver is negligent for not dollying the car.

I can't believe the wheels would fall off with 2 lug nuts. They obviously weren't torqued properly. Although it sounds unsafe, the fact is lug nuts/studs are far stronger than people think and 2 is plenty to keep a wheel on a car.

The responsibility should be 50:50. Sucks the shop are your friends. You "could" sue the tow truck driver for 50% and "claim" the shop already owed up and paid their 50% share.

Gridlock · 11-03-2011, 06:53 AM

Quote:

Originally Posted by fliptuner

1. The shop shouldn't have allowed the car to be towed by a regular truck.
2. The shop shouldn't have allowed the car to be towed by a regular truck with only 2 nuts/wheel.
3. The shop shouldn't have allowed the car to be towed by a regular truck with only 2 nuts/wheel w/o dollies

4. The truck driver is an idiot and shouldn't have towed the car on a regular truck w/ 2nuts/wheel and no dollies
5. The truck driver's a douchebag for leaving
6. ICBC's trying to weasel their way out of it by telling you to go after the other 2 parties

Bottom line is either talk to a lawyer or if it's not worth the money, take the tow company to small claims court, stay on ICBC's back and see what the shop is willing to do for you since they should've looked out for your best interest.

This x2.

I don't know jack about running a shop, but when I have plumbers or electricians working on my projects-shit gets done to my specs. Just the other day I got into a "disagreement" with my plumber about the way that he wanted to install a bathtub. I told him straight up that I didn't care how much longer he's done this than me, I have personally done it enough to know how I want it done.

And it was installed, what I'd call properly.

If my name goes on something, I want to be able to back it up.

The shops name went on this little ordeal. They only bolted 2 lugs to the wheel, and they watched it pull out without the dollies.

At any point, they could have said no.

So that's their issue.

The tow truck driver also could have said no at any time.

So where it lands between them and the tow truck company is their business. They file against his insurance, and god sorts it out. Whatever they get goes to you, and whatever is left uncovered in damage comes from them.

And if they are such good friends, they don't leave you holding the bag-in Alberta! Because that sucks this happened while 100's of miles away. You couldn't have done anything different.

Super Dipper · 11-03-2011, 03:09 PM

if the shop had time to put 2 lug nuts on each wheel, they could have found another 30 secs per wheel and put 2 more on. I agree that the tow truck driver should have dollied it, but id put money on icbc looking at where the initial fault lays, which goes back to the shop.

there would have been zero issue, if the guys put 4 lugs on per wheel. they are at fault, as much as the tow truck driver is an idiot, the root of the problem goes back to the shop and the owners. they are the ones that should pony up and repair damages and compensate.

FerrariEnzo · 11-03-2011, 04:12 PM

If the shop told the driver not to tow it with a reg tow truck, then the liability is with the tow truck driver/company.

Did you friend who followed the driver get pics while the car was damaged and still hooked up?

Phil@rise · 11-03-2011, 06:21 PM

Hand a loaded gun to a kid and say dont shoot it. When he does and someone gets hurt whos to blame?
Not the kid.
If the car wasn't in shape to be towed then the shop should not have had it towed. In my eyes its their responsibility if they didn't have the foresight to put on all the nuts.
Even if the driver said its ok. Would they consider driving the car with only two bolts holding on each wheel? Thats insane.

Lowered_Klass · 11-03-2011, 08:46 PM

Quote:

Originally Posted by Rotary_Rage

Also I know it wasnt the greatest decision they have made but these guys are two of my best friends, I'd eat the cost of repair before I took them to court.

What are your 2 friends doing to help you out? What have they told you in all of this?

If they really are 2 of your better friends, they should be going above and beyond to help you out (at least I would hope). Not just because it's the right thing to do from a shop's point of view, but because they're good friends to boot.

If you'd be willing to eat the cost of the repiars, I would hope they would too.

Still a shitty situation

I hope it all works out for you in the end though.