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Tow company dropped the porsche, ok only 3 inches

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Old 02-01-2007, 01:29 AM
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alex70
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Default Tow company dropped the porsche, ok only 3 inches

Your opinion-

Some obvious responses, some possibly not.

My car had an issue with fuel delivery. Could have been low tank, AAA brought a few gallons did not start. Need flatbed. I'll skip all of the boring details,

I went to the restroom, while she (kinda of a she) loaded the car. I really had to go, sorry for the emphasis.

Come back and the driver's side part of the spoiler is hanging south where it shouldn't be. - She said that it rolled off the 4x4 being used to clear the spoiler itself. Car slipped off the 4x4 onto the spoiler just inside of the DS left tire.

Question of the day: AAA states I should go after the towing company, the towing company admitted wrongdoing, but in my opinion due to the (contractual) relationship between AAA and myself, I dont feel like I need to work with the tow company, oh and they want to have their shop do the work - they were rather emphatic about that. They did admit wrongdong. Sorry but you dropped my car, not going to use your shop.

Jeez - even after explaing the 5 hour ordeal to AAA, they would not comp me the over 7 miles to the shop. (working on a nice articulate letter to their CEO and other VP's - I'm pissed)

I'm taking it to my own shop-of-choice, which I believe I am entitled to.

Opine - go after towing company or AAA and let them hash out. I am leaning on the later understanding a bit of law.

TIA for any input
Old 02-01-2007, 01:42 AM
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Charley B
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Just a guess, but if the towing company admits responsibility and offers to repair the damage I doubt that a judge,(if that's where you're thinking of going) would support any other preferance for redress that you might profer, and AAA's attitude will be "they offered to fix it so go away".
Sorry you have to deal with this but there is probobly no outcome available that is going let you walk away happy. Unless you're one of those lucky people who can say "fvck it, I'm gonna be happy anyway".
Old 02-01-2007, 02:11 AM
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alex70
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Charley - I'm one of those that will say what you said. AAA states, "well we subcontractact with these people and AAA has no responsibility". Sub my A$$, accept responsibility for once and hash with towing co or pick another one more adept.

At the end of this process I will feel happy setting part of the process straight and making other people aware of their responsibilty, in a friendly but direct way of course.


Out of several cases over the years have not lost one. First small claims at 18!.
Old 02-01-2007, 02:19 AM
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Charley B
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It has been my experience that Small Claims court judges have pretty much one method for deciding cases. Whoever brings the most paperwork for presentation to the court wins. Merits of the case come in a distant second. Lots of estimates, documents and photographs.
Old 02-01-2007, 10:14 AM
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Mike Frye
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Alex,

AAA has an ironclad contract. No way you're going to get them to pay or accept responsibility ask me how I know. If the towing company admits the mistake, maybe you can (amiably) come to an agreement where they'll allow you to do the work yourself or pick your own shop since you have a preference.

I think you might have some luck in this direction even if it involves the courts, but I doubt going through or at AAA is going to get you anywhere but more frustrated.

I just won a $3000 settlement against a towing company in small claims for my ordeal. Think I'll ever see the money? Probably not, but the guy admitted damages and then acted like a jerk, never even said he was sorry, so I took it to court.

Good luck.
Old 02-01-2007, 10:40 AM
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123quattro
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I also won a claim in court for towing damages on my Range Rover. In the eight years since winning the judgment, I've received $2.
Old 02-01-2007, 10:50 AM
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Ed Hughes
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I'm also of the opinion that AAA has an absolutely inpenetrable wall around them isolating themselves from any responsibility for damage. I hate to say it, but there are probably a bunch of people that used AAA the same day, and also suffered some form of damage. Without this protection, AAA woulda been out of biz a long time ago.

The best advice is to negotiate with the tow company to cover damages at the shop of your choice. Get the estimate first, that way you have a firm $ figure for them to digest, otherwise they're going to think Por$che=Expen$ive.
Old 02-01-2007, 11:23 AM
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linderpat
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You may or may not prevail over AAA, depends on the contract language. Sounds like they have sufficiently absolved themselves of liability as a matter of contract (they just pay, like an insurance company, and can't really warrant the work of those retained to tow, etc). Still, in most jurisdictions, you would be permitted to have the repair done at a facility of your choice, and the towing company would be liable for those costs to repair, so long as the costs were "reasonable" (which isn't that hard of a standard to meet). I'd get it fixed where you want, then demand repayment from the towing company. If they refused to pay, then I'd sue them and recover that way, plus court costs (it likely would be a small claims case - as Charley says, bring lots of paper work). You are not obligated under the law of most states to have the company responsible for the damage in the first place perform the repairs. They have already demonstrated their negligence! Good luck...



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