I could use some legal help from anyone capable.
The jist of the story:
I parked my car on the street on a Friday.
The car was towed on Sunday when a parade came through.
When I parked the car it had an IS lip on it.
When I picked up the car from the lot - no more IS lip.
I filed a damage claim with the towing company, along with the 3 required repair estimates.
The claim was denied.
I responded with this e-mail to the claims rep:
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"Dear Mr. West,
My name is David Mucci. My 1989 BMW 325is, plate ######, was recently towed by your company.
My car, as it sat parked on the side of the road before your company towed it, had a black plastic spoiler on the bottom of the bumper.
This is a stock part, not an aftermarket addition. You can see it in the picture of my car which I have attached to this e-mail.
When I went to pick my car up from the lot it was towed to, the spoiler was no longer on the car, and was no where to be found.
I filed a damage claim and supplied the 3 required repair quotes, and had the supervisor of the tow lot check the car and sign off on the damage.
I recently received a letter (2 actually) exclaiming that the damage was not a result of United Road Towing's actions.
I'd like to know how you came to this conclusion. I don't see how you could deny this damage was your company's fault. The method used to tow my car would have to have been lifting it from the rear, considering it is a rear wheel drive car, which I keep in gear while parked. This method angles the front of the car lower to the ground. I also saw that you move the cars in your lot with a forklift truck, with the front of the car pushed up against a tire mounted to the truck. This is another method that puts the front of the car in jeopardy.
The spoiler was on the car when I parked it, and missing when I went to pick it up after your company towed it. Simple logic states that the loss of the spoiler was at the fault of United Road Towing.
Please get back to me as soon as possible on this issue. I do not see this as being resolved and I would like to get it settled internally.
Thank you,
David Mucci"
------------------------------------------------------------
I then received this back:
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"David Mucci,
I can not speak to the condition of your vehicle when you parked it. However, inventories completed on your vehicle prior to towing and when received at the auto pound clearly indicate that the claimed damage to the front of the vehicle was present when the driver arrived on scene. It is these inventories that led to the denial of your claim.
You do have the right to appeal the finding of the claims committee. To do this you would need to send a written request that the claims committee re-evaluate your file. Include any information that you feel supports your contention that the damage occurred while the vehicle was in the care of the auto pound. Send your appeal to;
United Road Towing
Att: Claims Committee
16327 S. Pulaski Ave.
Markham, IL 60428
You have up to one year to submit an appeal. However, the sooner the appeal is received, the sooner your claim will be reviewed.
Thank You,
Jeffrey J. West
United Road Towing"
------------------------------------------------------------
I find it VERY hard to believe the tow truck operator could spot a missing front lip on an E30, if that's what his story is. If it is in fact written down that the front spoiler is missing on his pre-tow report then that sounds like he ripped it off and then took note of it.
Writing an appeal just sounds like they're going to shoot me the same bullshit answer as before.
Anyone have any advice on how to handle this? Would making a claim to the Better Business Bureau be effective?
Thanks
The jist of the story:
I parked my car on the street on a Friday.
The car was towed on Sunday when a parade came through.
When I parked the car it had an IS lip on it.
When I picked up the car from the lot - no more IS lip.
I filed a damage claim with the towing company, along with the 3 required repair estimates.
The claim was denied.
I responded with this e-mail to the claims rep:
------------------------------------------------------------
"Dear Mr. West,
My name is David Mucci. My 1989 BMW 325is, plate ######, was recently towed by your company.
My car, as it sat parked on the side of the road before your company towed it, had a black plastic spoiler on the bottom of the bumper.
This is a stock part, not an aftermarket addition. You can see it in the picture of my car which I have attached to this e-mail.
When I went to pick my car up from the lot it was towed to, the spoiler was no longer on the car, and was no where to be found.
I filed a damage claim and supplied the 3 required repair quotes, and had the supervisor of the tow lot check the car and sign off on the damage.
I recently received a letter (2 actually) exclaiming that the damage was not a result of United Road Towing's actions.
I'd like to know how you came to this conclusion. I don't see how you could deny this damage was your company's fault. The method used to tow my car would have to have been lifting it from the rear, considering it is a rear wheel drive car, which I keep in gear while parked. This method angles the front of the car lower to the ground. I also saw that you move the cars in your lot with a forklift truck, with the front of the car pushed up against a tire mounted to the truck. This is another method that puts the front of the car in jeopardy.
The spoiler was on the car when I parked it, and missing when I went to pick it up after your company towed it. Simple logic states that the loss of the spoiler was at the fault of United Road Towing.
Please get back to me as soon as possible on this issue. I do not see this as being resolved and I would like to get it settled internally.
Thank you,
David Mucci"
------------------------------------------------------------
I then received this back:
------------------------------------------------------------
"David Mucci,
I can not speak to the condition of your vehicle when you parked it. However, inventories completed on your vehicle prior to towing and when received at the auto pound clearly indicate that the claimed damage to the front of the vehicle was present when the driver arrived on scene. It is these inventories that led to the denial of your claim.
You do have the right to appeal the finding of the claims committee. To do this you would need to send a written request that the claims committee re-evaluate your file. Include any information that you feel supports your contention that the damage occurred while the vehicle was in the care of the auto pound. Send your appeal to;
United Road Towing
Att: Claims Committee
16327 S. Pulaski Ave.
Markham, IL 60428
You have up to one year to submit an appeal. However, the sooner the appeal is received, the sooner your claim will be reviewed.
Thank You,
Jeffrey J. West
United Road Towing"
------------------------------------------------------------
I find it VERY hard to believe the tow truck operator could spot a missing front lip on an E30, if that's what his story is. If it is in fact written down that the front spoiler is missing on his pre-tow report then that sounds like he ripped it off and then took note of it.
Writing an appeal just sounds like they're going to shoot me the same bullshit answer as before.
Anyone have any advice on how to handle this? Would making a claim to the Better Business Bureau be effective?
Thanks
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