Expert: Richard Hixenbaugh - 5/5/2009

Question
My auto/tiptronic transmission VW Beetle was towed off the street several miles to the tow yard. When I finally found my car and fired it up, I immediately felt a large vibration and heard a loud grinding sound. I turned off the engine right away and looked under the car and opened the hood(don't know why...I'm a nurse, not a mechanic!). But what I knew for sure was that something was very wrong. My car had been in PRIMO condition when I parked on that street!  I went into the tow office and filed a claim. Then, when I attempted to actually drive the car the grinding was louder, the vibration stronger and it would not shift correctly. After one month of appraisals and repairs and the diagnosis of the need for a new transmission, the tow company is denying they are at fault. I swear i want to tear my hair out!!! To date the underbelly plate, transmission pan, and transmission oil has been approved to be replaced. They had found the belly plate was crushed up into the transmission.
Do I have a case??? Can this tow have caused this damage(it had to have!)? Again, MY CAR WAS IN EXCELLENT CONDITION WHEN I PARKED THAT DAY!

Thank you

Answer
Hi Lori,

You need to find a local expert mechanic that can determine what is wrong with the vehicle, write an estimate of repair and be willing to put in writing that the damage could have been caused by the toeing of the vehicle. That person would also need to be willing to testify in court if needed. Once you have these written documents you would send them with a formal demand for payment letter to the tow company owner by certified mail/ return receipt requested and another copy by regular mail. In your demand letter you should give him 15 days to pay you or you will file suit. Then if he does not pay you would file suit in small claims court (check your court limit for small claims).  When you go to court, you will need to bring all of your documents as well as your expert mechanic.

I hope this helps
Richard Hixenbaugh