Had a problem with a towtruck driver.

[Frogbones]

On Monday I had a flat tire ....well in Houston they just made this program that all disabled cars must be towed at owners expense off the freeway.

Well sice I have a 'suby I need a flat bed. Well a flat bed didn't show a conventional one did....he said "I have to tow ur vehicle".....right in the middle on me changing my tire, didn't offer to assist.

Well I said "ur not towing my car with that towtruck buddy. U need to call a flat bed and by the time that gets out here I'll be on my way" smilling a smart ass way.

He said "I have to tow it right now, and u'll have to pay the charges" I said "so I'll have to pay for my fucked up AWD also becuase you choose to tow it with this truck?" I said "if you start to hook up my car to the truck, me and you are going to have a physical confrontation(sp)" (that comment really surpised him) By this time I'm almost done changin my tire.

So he called police...they arrived real quick...by this time I'm done. The cop ask what the problem is....he was informed. Well since I was done he sent the trucker on his way and I was able to get out of potential assault charges, prison time, a lossed job, and a towed 'suby.

I was not about to let the stupid man tow my car, screw up my AWD(screw up whole car), over a flat tire.



Also can I have two diff type of tires (same size & everthing like that) just diff makers. Because I need new tires, just can't afford all four new ones. I'm going for some perellis(sp) then in a month or so I'll pick up the other two? Is that ok or do I need to get all four done at the smae time because of my AWD...or is the AWD not that sensitive....?

[freakray]

DO NOT CHANGE ONLY 2 TIRES IN A SET TO NEW TIRES!

Running different tires front and back will mess up the torque convertor as it tries to balance the loads between the wheels.
Worn tires exert different loads to new tires.

Instead of getting yourself in hot water by threatening the moron tow driver, why didn't you explain to him that if he hitches your car up to the truck, you will take his sorry ass to court for damages to the transmission and he will buy you a new car.
I'm waiting for one of those vultures to hitch up either of my Subaru's, they'll be buying me a whole new car!

[danny8630]

yeah but, getting a New subaru is the best case scenario. Usually they'll take it to the cheapest repair shop and then you'll have to deal with replacement parts and a potentially messed up repair job which can only lead to more problems. I would thoroughly research local policies which involve damaged cars due to towing and incompetance.

Sure a new Suby sounds tasty, but what are the odds? they'll just want to simply fix it. Their defense would be "Oh its, only the transmission, not the engine or other major part of the car"

[freakray]

Originally Posted by danny8630

yeah but, getting a New subaru is the best case scenario. Usually they'll take it to the cheapest repair shop and then you'll have to deal with replacement parts and a potentially messed up repair job which can only lead to more problems. I would thoroughly research local policies which involve damaged cars due to towing and incompetance.

Sure a new Suby sounds tasty, but what are the odds? they'll just want to simply fix it. Their defense would be "Oh its, only the transmission, not the engine or other major part of the car"

The odds are pretty good, especially if you take them to court, show the judge the vehicle's owner's manual which clearly states it must'nt be towed.
It is the tow truck driver's obligation to know how to tow vehicles correctly, if he doesn't then he certainly shouldn't be operating a tow truck.

Believe me, if the tow a Subaru, it won't just be 'a few damaged transmission components' at all, and for the cost of repairs for things like differentials, transaxles, torque converters and gearboxes (especially if you forced them to use all new parts which they justifiably should), it would likely save them money to replace the whole damn car!

[donkeyboy]

its so much easier being a smart ass to the guy, then you dont have to deal with court, not having a car, getting your car fixed by some backyard mechanic, so on and so forth.....im with you on the smart ass approach....good job

[Frogbones]

Thanx about the tire info...I'll get all four new tires at once.


Yea being a smart ass doesn't always pay off. But this time it stalled long enough for me to fix my tire...and get out of the situation.

[freakray]

Being a smart ass may have worked, but what if the charges for threat of assualt had stood?

[Frogbones]

You think that warning someone that a physical confrontation my result is grounds of threat of an assault?

If I would have said "I will kick the everlovin Shit out of you" then yes thats a blatent assault threat.

But a warning that a physical confrontaion my result by his actions is the more polite way of getting the point across.


I was totaly seriuos when I said it. I was lookin strait into his eyes.

The cop was cool and he understood the situation after he got both of our stories.

One of my faults is that I that I tend to resort to violence when it comes to my personal affects becoming damaged or destroyed by either incompetence or just the lack of respect for ones personal affects.

We all have our faults.

But lets say he did take it extreme and filled an assault threat....I guess I would have had to roll with it and fight it.

He was the one about to destroy my car over a simple flat tire he could've help me fix, and get my car back on the road faster...but he was power trippin and I wasn't about to settle for it.

[AlienEvolution]

wouldnt putting it in neutral disengage everything.. therefore not doing damage?

btw my mom has an outback wagon w/ awd so this info could be vital for me o.o

[freakray]

Originally Posted by AlienEvolution

wouldnt putting it in neutral disengage everything.. therefore not doing damage?

btw my mom has an outback wagon w/ awd so this info could be vital for me o.o

No, putting it in neutral only disengages the gearbox, it doesn't diengage the torque converter or differentials.

The Subaru auto transmission can only be flat bedded, the owner's manual states this clearly and explains why.
The Subaru standard transmission can be flat towed(4 wheels on the ground), when it's in neutral, but it's only for short distances(not even miles), and it's NOT recommended by Subaru either even though they admit you can do it.

[Automobile Maniac]

I got to give you props Frogbones (props is a stupid f**k**g word but I couldn't think of anything else!) I recently bought an awd DSM fixer upper and I would probably say the same thing you did in that situation. Good job.

[Right_LiRrr]

As with the assualt question: assault, legally speaking is the state of mind of fearing an imminent attack or injury (battery is the actual physical action). Generally, the law of assault states that if the actions of the accused would cause fear of battery in a reasonable person, then it constitutes assault. So basically, it's up to the jury to decide, or the judge...i.e. however s/he's feeling on the day (he may hate scooby drivers =P). My advice, best not to risk it.

so in short, saying what you said, IMHO, does constitute assault. Although, as you can see from the police's reaction to the situation, as long as nothing physical happened or is going to happen, they are happy to not take it to court (costs too much taxpayer's money you see!)

[Frogbones]

Originally Posted by Right_LiRrr

As with the assualt question: assault, legally speaking is the state of mind of fearing an imminent attack or injury (battery is the actual physical action). Generally, the law of assault states that if the actions of the accused would cause fear of battery in a reasonable person, then it constitutes assault. So basically, it's up to the jury to decide, or the judge...i.e. however s/he's feeling on the day (he may hate scooby drivers =P). My advice, best not to risk it.

so in short, saying what you said, IMHO, does constitute assault. Although, as you can see from the police's reaction to the situation, as long as nothing physical happened or is going to happen, they are happy to not take it to court (costs too much taxpayer's money you see!)

True.

[freakray]

Found an interesting article, the most relevant part being this:

11 towing companies have contracts with the city to respond to all disabled vehicles within six minutes and promptly get them off the highway once authorized by a police officer at TranStar.

Take note of the part I put in bold.

Here is the complete article:
http://www.click2houston.com/news/40...0412&qs=1;bp=t

So, these guys are getting paid by the city to remove your car, they can't charge above a certain amount to remove it and charge you, and they can't remove it without a police officer's first telling them to.

In light of this, although I don't agree with threatening somebody, I will say that you did the right thing and he was obviously not acting within the law.
Perhaps this is why the police officer didn't bother charging you, because in reality he knew the vulture was acting above the law.

Good on you!

BTW, here is more on the law:
http://www.click2houston.com/automot...68/detail.html

Q: What if a wrecker driver damages my vehicle?
A: Wrecker companies are responsible for proper towing and for any damage resulting from an improper tow. Tow companies are required to carry insurance for that purpose

Well, as you said, he was not equipped to properly tow your vehicle, he would have damaged it, so he should be grateful you stopped him doing so.

[Frogbones]

Originally Posted by freakray

Found an interesting article, the most relevant part being this:



Take note of the part I put in bold.

Here is the complete article:
http://www.click2houston.com/news/40...0412&qs=1;bp=t

So, these guys are getting paid by the city to remove your car, they can't charge above a certain amount to remove it and charge you, and they can't remove it without a police officer's first telling them to.

In light of this, although I don't agree with threatening somebody, I will say that you did the right thing and he was obviously not acting within the law.
Perhaps this is why the police officer didn't bother charging you, because in reality he knew the vulture was acting above the law.

Good on you!

BTW, here is more on the law:
http://www.click2houston.com/automot...68/detail.html

Well, as you said, he was not equipped to properly tow your vehicle, he would have damaged it, so he should be grateful you stopped him doing so.

Nice Homework freakray.