[E90joee]

Need some advice if anyone has gone through their car getting damaged by a shop or tow company.

Long story short my car got towed and they damaged my car, guy agreed to fix it under his terms and his shop. I agreed whatever just want my car fixed and back as I use it everyday. I get it back, they glued the cracked fender from the back, black glue (what seems to be jb weld) seaped out and cured in between the point where the fender and bumper meet. They drilled the bumpers and the screws went through the fender which caused my wrap to rip also. They claim to of used Bmw brackets and bolts which is most likely a lie. Now the guy told me to leave the car and he'll fix it without the glue and get a new fender but they don't do wraps so that leaves me still with a half ass job I told him order me my fender and kidney grill which he never replaced and I'll pick it up this week. Washed my car today and that's how I realized about the screws now I'm going tomorrow to pick up the fender and speak to him about the other fender. At this point I deff don't want them to touch my car how hard is it going to be to get them to order me everything new or get a check without legal help? Most likely will have to go through the small claims court route so does anyone have any experience or advice for a situation like this?

Most likely will need a new bumper aswell as the bolt holes were ripped

[E90joee]

This is when I picked up the car from the tow company, they claimed it was like that when they dropped the car at the yard. So that's why the yellow mark ups are there, thankfully my car was picked up outside my school and a friend caught a video of the bumper being pulled off while being dragged on the bed.

[John 070]

It was easier in the old days. I had a co. dispatched through AAA Plus tow my Volvo on its rear wheels like 75 mph on the highway for 35 miles. Sure enough the tranny was burned out. AAA said our contracted cos. don't do that and they said they used a flatbed so zero possibility the tow burned out your transmission. When I insisted it was not a flatbed they said they wanted to see the transmission. Since it was towed to a salvage yard/Volvo specialist I told them AAA wants to see it you can just drop it in front of their offices (I got a used engine/tranny put in that lasted 8 years). The salvage yard got the drift and they just put it on the sidewalk at the AAA offices. It was fun back in the day. Similar to that scene in Sopranos if you're not satisfied you get double your garbage back.

edit I've had mixed results in small claims but it's worth a try, also I've had good results on anything / everything with BBB

[marvinstockman]

I think with Small Claims Court, you have to collect the money yourself. I'd find out.

[CDirks]

Yikes! Did the tow truck try to grab it by the bumper?

At this point you've given the tow company a chance to rectify the situation themselves, and they did not do a satisfactory job. If they are not willing to cover the cost of another shop to repair it, I would definitely go small claims court.

You are not obligated to use the tow company's choice of repair shop. It appears small claims damage limits are $3000 for town/village courts, and $5000 for city courts.

[E90joee]

Originally Posted by CDirks

Yikes! Did the tow truck try to grab it by the bumper?

At this point you've given the tow company a chance to rectify the situation themselves, and they did not do a satisfactory job. If they are not willing to cover the cost of another shop to repair it, I would definitely go small claims court.

You are not obligated to use the tow company's choice of repair shop. It appears small claims damage limits are $3000 for town/village courts, and $5000 for city courts.

They actually had it from the rear but since im lowered it was being dragged in the front. Was doing some research seems $10k is the max for small claims here in NYC. Shouldnt be more than $3k i believe

[CDirks]

Originally Posted by E90joee

They actually had it from the rear but since im lowered it was being dragged in the front. Was doing some research seems $10k is the max for small claims here in NYC. Shouldnt be more than $3k i believe

That could be. I just googled it quickly. Either way, I don't think you would have a hard time keeping repair costs within that umbrella or winning a judgement considering you have video proof.

[CTinline-six]

I think this would help them get the message:

[Maestro]

You should have filed a claim with your insurance company and they them fight it out. As someone pointed out, even if you win in small claims you still have to fight to collect. Many of these companies operate at the edge of the law and ethics so they have no qualm screwing people over since they know its more work for you to come after them.

Good luck!

[E90joee]

Originally Posted by Maestro

You should have filed a claim with your insurance company and they them fight it out. As someone pointed out, even if you win in small claims you still have to fight to collect. Many of these companies operate at the edge of the law and ethics so they have no qualm screwing people over since they know its more work for you to come after them.

Good luck!

I dont have full coverage so i dont think they would if covered it plus didn't want my premium to increase.

[CTinline-six]

Originally Posted by Maestro

You should have filed a claim with your insurance company and they them fight it out. As someone pointed out, even if you win in small claims you still have to fight to collect. Many of these companies operate at the edge of the law and ethics so they have no qualm screwing people over since they know its more work for you to come after them.

Good luck!

No, he shouldn't go through his own insurance company, it would count as him making a claim. This is on them, not him, it is their duty to make it right. I used to work in insurance, think of it this way... anytime you have to use the "services" of your insurance company (even if it's them going after the other company on your behalf) it counts as a claim in their mind. Always keep your insurance company out of it if you are not at fault. Anytime you make them aware of an incident that occurred (even if not your fault) they view you as being a greater risk, and your premiums will mysteriously go up soon after.

Before threatening a lawsuit, the OP needs to do the following:

-Get all evidence in order of what happened, including the video of the car being damaged

-CALMLY approach the at fault party, explain the situation, and that you would like to give them a chance to fix the car properly.

-IF not fixed properly, make them aware of the evidence you have, and that you are willing to post it to every social media outlet along with an explanation of the lack of customer service you received. They fucked up (as all of the evidence proves), and it is on them to make it right and fix it. Gluing it back together with super glue is not fixing it and they know this.

If they are smart, they will fix it before you post anything. If not, they will fix it after their business starts tanking, and believe me it will.

[John 070]

Originally Posted by marvinstockman

I think with Small Claims Court, you have to collect the money yourself. I'd find out.

small claims quite often you can win and the other party won't pay, yes, you are correct.

However, if you know where the other party works, you can have the sheriff serve an income execution to the employer. If you don't, out of luck so it's a waste of time.

The tow co, obviously, unless they are a shell co., they can be served.

[Maestro]

For those who said your car insurance premium would go up for making a claim for someone else causing damage to your car, you need better insurance. I have State Farm and I have made a number of claims with my insurance company when someone else caused the damage including a deer and raccoon and never once has my premium gone up, most yrs my premium goes done as the car ages since the cost to total the car goes down yr over year.

Yes, if you make the claim with your insurance, you have to cover your deductible but once your insurance settles with the other company you get your deductible. Some times this what you have to do not to have to deal with assholes.

[E90joee]

Originally Posted by Maestro

For those who said your car insurance premium would go up for making a claim for someone else causing damage to your car, you need better insurance. I have State Farm and I have made a number of claims with my insurance company when someone else caused the damage including a deer and raccoon and never once has my premium gone up, most yrs my premium goes done as the car ages since the cost to total the car goes down yr over year.

Yes, if you make the claim with your insurance, you have to cover your deductible but once your insurance settles with the other company you get your deductible. Some times this what you have to do not to have to deal with assholes.

I had usaa once and i didnt even file it i just asked if they would cover a situation and they told me yes, i didnt proceed to file and my premium went up because i "filed" a claim. Geico also someone backed up into me in a parking lot, the persons insurance cut me a check and my premium shot up by like $80 a month. I was under 25 at the time maybe thats why but still.

[E90joee]

Originally Posted by John 070

small claims quite often you can win and the other party won't pay, yes, you are correct.

However, if you know where the other party works, you can have the sheriff serve an income execution to the employer. If you don't, out of luck so it's a waste of time.

The tow co, obviously, unless they are a shell co., they can be served.

I do have video of my car and my friend pretty much giving the play by play when my bumper got pulled off on the sides. I know both the locations of the towing company and auto body so im sure thatll help.

[Maestro]

Originally Posted by CTinline-six

No, he shouldn't go through his own insurance company, it would count as him making a claim. This is on them, not him, it is their duty to make it right. I used to work in insurance, think of it this way... anytime you have to use the "services" of your insurance company (even if it's them going after the other company on your behalf) it counts as a claim in their mind. Always keep your insurance company out of it if you are not at fault. Anytime you make them aware of an incident that occurred (even if not your fault) they view you as being a greater risk, and your premiums will mysteriously go up soon after.

Before threatening a lawsuit, the OP needs to do the following:

-Get all evidence in order of what happened, including the video of the car being damaged

-CALMLY approach the at fault party, explain the situation, and that you would like to give them a chance to fix the car properly.

-IF not fixed properly, make them aware of the evidence you have, and that you are willing to post it to every social media outlet along with an explanation of the lack of customer service you received. They fucked up (as all of the evidence proves), and it is on them to make it right and fix it. Gluing it back together with super glue is not fixing it and they know this.

If they are smart, they will fix it before you post anything. If not, they will fix it after their business starts tanking, and believe me it will.

I do not think you ever dealt with a tow company who makes their money towing illegally park cars, they do not care about their reputation. Many times these are the same companies who repo cars. Nothing you can do will get them to ack responsible.

One time our car got towed, by one of these company (I will not argue it was my fault did not see the sign). At time we were in a store and had our 2 yr old with us, came out and the car was gone, and we were only in the store 10 minutes, the truck was just waiting for someone to pull in, the store told they had number of customer get their cars towed out the lot. All of our 2 yr old stuff was in the car so we were stuck on the street without the kid's stuff. We finally made it to the tow yard, and they could care less we had a crying kid who need his bottle and need to be change. They would not let us near the car until we paid them cash (they do not except CC since you can always dispute that with your CC company).


Your advise works when the person or company on the other side is reasonble and respectable. This is not true about tow companies, most operate at the edge the laws and regulations.

[Maestro]

Originally Posted by E90joee

I had usaa once and i didnt even file it i just asked if they would cover a situation and they told me yes, i didnt proceed to file and my premium went up because i "filed" a claim. Geico also someone backed up into me in a parking lot, the persons insurance cut me a check and my premium shot up by like $80 a month. I was under 25 at the time maybe thats why but still.

There is your problem Geico, Statefarm is the largest single insurer in the US and if you combine all your insurance with them they give you a great rate. But you still have to be a good driver. Even when I had an at fault accident I only loss my good drive 10% discount on that car not the other cars i owned, if you go accident free for 10 yrs they do not even increase your premium if you do have an accident. I will tell you initially State farm is more than most, but over time they are lower I use to quote out my insurance every few years and no company even bet them on the total insurance.


The real trick to this is finding an agent who does no have a significant number of high risk drives that is covered by the agent. If the agent had lots of high risk customers State Farm will spread all those high risk cost over the entire book of business the agent has. You could be a good driver, but you end up paying for the agents bad customers.

[John 070]

Originally Posted by Maestro

For those who said your car insurance premium would go up for making a claim for someone else causing damage to your car, you need better insurance. I have State Farm and I have made a number of claims with my insurance company when someone else caused the damage including a deer and raccoon and never once has my premium gone up, most yrs my premium goes done as the car ages since the cost to total the car goes down yr over year.

Yes, if you make the claim with your insurance, you have to cover your deductible but once your insurance settles with the other company you get your deductible. Some times this what you have to do not to have to deal with assholes.

deer and racoon are comp. rates don't go up with comp claims. but they will drop the policyholder if too many

and yes wth mine went down this period and only been with Jake 6 months

[Soden82]

If you go through insurance you just need to pay your deductible but it won't affect your insurance rate. Or at least it shouldn't

[nsjames]

the state bureaucracy that licenses towing companies in your state is where I would start first.