My car got towed away from clearway and I got it back the very next day but didn't notice that my spoiler has cracked from one side.
I made a complaint with nationwide towing but not sure around the timelines or any other precaution I should take while raising this matter ?
Has anybody faced something similar before who can help.
Clearway Towing Lead to Broken Spoiler
urahara on 10/08/2020 - 11:19
Last edited 10/08/2020 - 13:30 by 1 other user
Last edited 10/08/2020 - 13:30 by 1 other user
Comments
I have a comprehensive insurance but since the car is pretty old I'm skeptical what should I do and wanted to know what others have to say.
How will one prove that the crack is caused by the towing?
Can I claim something via insurance ?
I guess it's up to you to prove it wasn't there before - how do you know it wasn't there before? Eg. you might not have checked it or noticed it until you went to recover it.
Fair point
1. Haven't been using car much (pandemic)
2. Its on driver's back side . You enter n leave car and highly unlikely one can miss it .
https://imgur.com/bGDNkMU
Any very recent photos of before and after the spoiler was broken?
If you haven't got proof, unless towing company offer a good will payment, (unlikely) you have Buckley's chance of winning your claim.
Unfortunately not from that angle.
There is absolutely no way it can be proved that it was done by the tow truck unless someone was video recording it and it clearly shows the spoiler cracking.
Attach a picture.
Depends on how it looks like, you may have some circumstantial evidence to start.
Yeah. Can't help you there. If it is truly caused by the tow person(s), it is not a common problem.
@urahara What is that picture supposed to prove?
Anything at any time could have caused that damage.
oof, i guess ur lession here is not to park in a no parking zone that tows…
Did you send the company a repair quote or replacement price?
Perhaps a replacement from wrecker will be cheaper if you can find one the same colour?
Yeah thats a tough one. Is it a lip spoiler or boot lid spoiler.
If you've got a fully sik ride with a lip spoiler and lowered springs and they tow it damaging it then it may be negligence if they used the wrong equipment (tilt tray vs other vehicles)Yes but if it's too low then it's not roadworthy. What a can of worms this is!!
Yeah, alternatively if there wasn't any ground clearance to start with then you may be out of luck
grinds the rear bumpers or front bumper if towing from the rear
Still negligence even if not roadworthy.
I'm pretty sure the tow company have indemnity from damage claims, if they took all available care. Their contract is for the removal of vehicles as quickly as possible etc., so I imagine you would have a hard time proving it was intentional or careless.
Pretty sure towies don't tow by the rear boot lid spoiler, so not sure how the damage could have occurred?
I think it might be while unloading it .
Might of wanted to clarify that it was the boot lid spoiler.
If they damaged the lip spoiler, would have made sense.Boot lid spoiler, not so much.
Could be an unsecured tow hook or something.
Looks like a solid piece of metal swinging against abs plastic.
Tough titties, don't park in clearways next time.
Frankly I don't know why they are still picking up vehicles from clearways when there is no congestion on roads.
Rules/laws still apply regardless.
Its like saying, why do I need to pay for parking when its half empty? Why would the 1 hour street parking limit apply when there are empty spaces still?
Don't park in clearways and you won't be fined or towed.
Rules/laws still apply regardless. - Disagree
Had it been like any normal day I would've taken extra precaution but pandemic times are very different.
I believe in some council parking officers are not enforcing timed restrictions during the COVID-19 pandemic.
You can check what is happening in your council website.Rules/laws still apply regardless. - Disagree
Of course you would as you have been towed.
but pandemic times are very different.
No they're not, road/parking rules/laws still apply. Just because the freeway is empty, doesn't mean you can do 140km/h down it now.
I believe in some council parking officers are not enforcing timed restrictions during the COVID-19 pandemic.
You can check what is happening in your council website.Did you not check then before parking? You know what they say if you assume.
If you don't enforce the small laws, people won't obey they bigger ones either.
It's part of the broken window theory. Say you own a building and someone throws a rock through a window. By leaving it without being repaired it leads other people to think they can throw stones through your windows, and you'll then start to see other broken windows on the street. Then the place looks a bit derelict, so others will start to graffiti the place, then break ins, then crack dens (That escalated quickly)
Clearways are there to reduce peak congestion, if they weren't there the congestion would be…
It's also a safety thing, having a parked car in a peak hour through lane is a hazard.
You're going to have to prove the damage wasn't there prior to the towing.
I think towing trucks have cameras installed AFAIK. Can't I just ask them for the video ?
I don't know. Remember, it will be up to you to prove they did the damage. It won't be up to them to prove they didn't do it.
My car got towed away from clearway and I got it back the very next day but didn't notice that my spoiler has cracked from one side.
How do you know when it was damaged and by who? If it took you over a day to notice after you picked it up. Maybe its been broken for a week?
Anyhow you have to PROVE it was the towing company and even then, they pretty much covered in teflon, so getting any claim to stick will be tricky.
I have not had a car towed but do they do any sort of damage checklist before towing it? similar to what would happen when you rent a car.
If they do, you could ask for a copy and see if the damage is marked on their form. I would have thought the tow company would snap a couple of photos of the car parked illegally before towing to be used in any sort of appeal.
Assuming it was a tow truck and not a flat bed, the towing company would have towed it from the rear because your Falcon is rear wheel drive.
So tshow's suggestion it was probably a dangling tow hook smashing into the side of the spoiler is likely given they are in a rush.
Unless you have a rear facing dash cam, take it on the chin and save your time.
Call the local Ford wreckers for a replacement XR6 spoiler, they are not rare and not overly expensive.
Do you think its worth spending considering the car is pretty old (07 model) ?
I do have insurance but not sure how would they cover it .they would cover it as damage of unknown origin (similar to damage you discovered in a parking lot). you have to determine whether the excess is worth the repair.
Do you think its worth spending considering the car is pretty old (07 model) ?
Dude….you have comprehensive insurance….use it….what's the point of having insurance if ur paying them to do nothing?
Look at this way, how much do you like your car? I'm guessing from your attitude that you dont really care even if you crashed it, you would just wrek it and buy a new car that may or may not be the exact same one. So in this case, the answer is simple: Don't bother fixing it.
Broken Spoiler n Wrecked Car are two different things mate.
If you are paying $750 excess just for a broken spoiler with an increase in premium then you gotta think.
Thanks for your response thoughBroken Spoiler n Wrecked Car are two different things mate.
Yes they are, but from a ownership perspective, they are the same. Assuming you like the car or have ocd, If you wrecked it, you would get it all fixed up back to brand new - might take a while depending how totaled the car is though…. If you broke your spoiler or was broken somehow when you got it, you would get it fixed up.
If you are paying $750 excess just for a broken spoiler with an increase in premium then you gotta think.
Ahhh…yes……tight arses…….if you're that much of a tight arse, then just dont bother with insurance at all! Just hope you dont crash into anything or have something crash into you….
@Zachary: Read my previous comments , its an old car I would prefer getting it fixed without the insurance tid bits if it is way cheaper. Yes I am proud of being an ozbargainer & being a tight arse.
@urahara: XR6 are a dime a dozen. Replacing a boot lid spoiler is a pretty easy job. Buying one from a wrecker and having a panel shop paint it (if you can’t fund a matching one) wouldn’t cost $750.
Claiming on insurance doesn’t sound smart.
wouldn’t cost $750.
Awww you'll be surprised as to how much panel beaters and repair shops charge to repaint body parts….especially if it costs over 10k to redo the entire car…..which you will want if you want the paint to flow and look the same colour(not have a slight mismatch which would be very noticeable when viewed up close no matter how top notch the spray painter is…) and quality as the rest of the car….
@Zachary: Of course it’s going to cost a lot to get it sprayed so you can’t tell up close. It’s a 13yo car, whacking a wrecker part on it will probably be close enough for most people. the sort of people who just want a ‘reasonably straight’ car with half decent paint. The same sort of people that are happy to drive a 13yo car.
@Zachary: The point is, that making a claim for a boot spoiler on such a common old car is a waste of money. You have to pay the excess and then for the next 3 or more years, you wear the premium increase. Added to that, it smacks you a few ratings
levels on your insurance. So, with the excess and the premium increases, that boot spoiler ends up costing way more than just paying out of pocket. So, no, it’s not always a case of “you have comprehensive insurance, so use it.”And nobody paints a whole car because they can’t paint match a boot spoiler. Paint matching a boot spoiler would be easy to match, because it is not aligned along a panel surface like say a door. And with OP’s XR6 being a very common car in a very common colour, there is a really good chance there is a boot spoiler out there that won’t need painting. Hell, it’s an ‘07 XR6, probably pick up the whole car for less than $750…
@pegaxs: Well, I've never claimed anything on insurance so I wouldn't know, but if I had insurance and this happened to my car this is what I would have done …otherwise what's the point of paying them if you're not gonna use it? May as well donate the money to your favourite charity then if that's the case…
And nobody paints a whole car because they can’t paint match a boot spoiler.
I may have exaggerated there, but I assume his car already has lots of bumps, dents, scratches, sun burns and chip damages(Being that old unless his taken really really good care with it and keeping the external appearance as pristine as possible) that you may as well repaint the entire car if you're just doing the spoiler….
Hell, it’s an ‘07 XR6, probably pick up the whole car for less than $750…
If only someone was selling one for less than $750…. but I bet it would come with all sorts of problems…..ranging from leaking oils, coolants to broken linkages, axles, maybe tranny?
but if I had insurance and this happened to my car this is what I would have done
So, if it cost $500 to fix yourself, you would still claim insurance? OP is talking about a broken spoiler, not the whole side of the car. A rear wing for a Falcon at a wrecker would be about $200~$300 and probably in the right colour. If not, about another $200 to have it painted.
otherwise what's the point of paying them if you're not gonna use it?
Because it's to cover worst case scenario situations, total loss, major damage, unusable, etc. You are advocating that they should spend $750 + 3 or more years worth of premium hikes (let's say, another $500, so now it's $1,250) to fix a $500 issue? Insurance companies love people like you.
If only someone was selling one for less than $750…. but I bet it would come with all sorts of problems
Who cares? You only want the boot spoiler. A blown engine/diff/gearbox doesn't affect a boot spoiler. Remove the part you want and drop the rest off at a metal recycle place that will probably give you a few hundred on what's left and it's still cheaper than claiming on your insurance.
So, if it cost $500 to fix yourself, you would still claim insurance?
I wouldn't know how much it would cost, because i would go straight to my insurer to get it fixed then waste time looking around for a panel beater, smash repairer, wreckers and or spray painter to fix this for me because that's what I paid comprehensive insurance for.
Because it's to cover worst case scenario situations, total loss, major damage, unusable, etc. You are advocating that they should spend $750 + 3 or more years worth of premium hikes (let's say, another $500, so now it's $1,250) to fix a $500 issue? Insurance companies love people like you.
Isn't the purpose of insurance to cover all scenarios, not worst case ones….? If this is what all insurance companys are like with their premium hikes just because you claimed, and you being a tight arse about it, may as well not have insurance at all and just have a side bank of "just in case of a car crash" amount saved up…
Who cares? You only want the boot spoiler. A blown engine/diff/gearbox doesn't affect a boot spoiler.
Oh yeah I guess, I was thinking of someone buying the car to actually drive and not just for a specific part that's in good enough condition… But I guess if you can't find a spoiler from a wrecker, buying a whole, wrecked car from someone or some place would be the next thing to get your part needed…..and then sell it to a wreckers for $1000 and get them to come to your house to tow it away so you make an extra $250 profit! Hee hee hee
i would go straight to my insurer to get it fixed
Then more fool you. They bank on people like you just paying them to take care of it.
waste time looking around for a panel beater
You wouldn't take your car to a panel beater (probably one within 5km of where you are right now) to save yourself a few hundred dollars? *I_Dont_Believe_You.gifv*
Isn't the purpose of insurance to cover all scenarios, not worst case ones….?
Correct, you can use your insurance how ever you want. But I'm not spending $1,200 and ruining my "No Claim Discount" rating just to have them help pay for a $300ish problem.
If this is what all insurance companys are like with their premium hikes just because you claimed,
ALL insurance companies are like this. It's literally the first question they ask… "Have you made ANY claim, at fault or not in the last X years…" If you say yes, you are slugged with a premium increase due to perceived risk increase.
and you being a tight arse about it
And I am not being a tight arse by not wanting to spend $1,200 to cover a $300 problem. It affects all of my insurance if I make a claim. My house, my cars, my motorcycles, they all go up if I make a claim. So, I have to work out, what's it going to cost me to fix it myself. If my cost to fix it is less than that excess + possible increases in ALL of my insurance products over the next 2~5 years, then yes, I am going to be a tightarse and take the "cheaper" option.
may as well not have insurance at all
I want the insurance for "worst case", ie: badly damaged, expensive repairs, total write off, damage to others property, not to patch up every little $50 ~ $500 scratch or dent I get.
Then more fool you. They bank on people like you just paying them to take care of it.
…well then….I should cancel my insurance then since I've not claimed it on anything…..probably cost more to have it then the cost of the car I got it for! $200 or so per 6 months…..I got my car for $1000…..so by 2 and a half years if I don't get that back somehow paying onto the car then I just wasted money on them…. That's to truly be a tight arse in this situation….
You wouldn't take your car to a panel beater (probably one within 5km of where you are right now) to save yourself a few hundred dollars? I_Dont_Believe_You.gifv
If I have insurance, yeah(well at least thats what I would honestly do, first port of call = insurance claim…). If I didn't, then I would obviously look around for panel beaters and the like to quote around for parts and labour to fix up my rear spoiler….
Correct, you can use your insurance how ever you want. But I'm not spending $1,200 and ruining my "No Claim Discount" rating just to have them help pay for a $300ish problem.
I see where you're coming from….
ALL insurance companies are like this. It's literally the first question they ask… "Have you made ANY claim, at fault or not in the last X years…" If you say yes, you are slugged with a premium increase due to perceived risk increase.
I dont remember of any of the sort…..or if they did, I can't remember then! hahaha….
I want the insurance for "worst case", ie: badly damaged, expensive repairs, total write off, damage to others property, not to patch up every little $50 ~ $500 scratch or dent I get.
Fair enough…..how much would that worst case be compared if you didnt have insurance and had to pay yourself on? Reckon it would be cheaper by the time that happens and all those payments you made the insurance company equal out?
.I should cancel my insurance then since I've not claimed it on anything
Not what I said and this is a strawman.
And the rest of what you said doesn't make sense. Your last point I cant even get my head around…
how much would that worst case be compared if you didnt have insurance
Ever run into a Ferrari or a Porsche? Seen photos or news stories of cars crashing through a fence and into a house? Worst case could literally be in the hundreds of thousands, if not millions. This is what I am paying to cover, not for $300 boot spoilers or shopping cart dings.
Anyway, I've said all I am going to say on this subject. I've been more than clear. You pay your insurance and use it how ever you want.
Ever run into a Ferrari or a Porsche?
Nope…
Seen photos or news stories of cars crashing through a fence and into a house?
Yep
Worst case could literally be in the hundreds of thousands, if not millions. This is what I am paying to cover, not for $300 boot spoilers or shopping cart dings.
Of all the photos and news stories I heard of people crashing into a house, there wasnt really a sound conclusion who ended up paying the cost…or was left up for debate for forumers…..as the OP never came back to update….or at least that one where the girl hit a mesarati…however you spell it…
My cousin crashed his car into someone's fence…..but never heard what happened after wards or who paid for the damages…..probably his rich ass dad…..dunno if he had insurance or not at the time…..probably not considering he was driving at 15….lol
Really….I like live under a rock in with any knowledge in these scenarios as they never happen or have had happened to me….maybe im lucky coz I dont drive or go out much? Guess I'll find out when I (finally) crash into something….
All tilt trays brother, towed from control arms, sometimes a second car will be loaded up
Common old car. Get a replacement from a wrecker and don’t park in a clear way in the future.
"My car got towed away from clearway"
There musn't have been a clear space to use the forklift…
Believe me when I say so …it got towed away from an empty street.
Yes. It was parked in a clearway, and you weren't there to tell them how special you were and what changes to the rules you had decided were appropriate.
Can you get your mum to write you a note to show them?
They need to get the vehicle up upon the tray…. how they do that is at their discretion.
Hopefully this will teach you a lesson in NOT to park in a Clear Way.
Think of ALL the people you inconvenienced by your selfish actions.
Believe me when I say so …it got towed away from an empty street.
Did you watch them tow it away? Should have stopped them before they started….
Wish I could've
The towing company probably has before and after the tow photos, so I am not sure what you can do there, but maybe they will let you see the copies
Illegally parked, legally towed. All care taken, no responsibility or liability accepted. Facts of life here.
Sad to say, you do not have a leg to stand on. Obey the Law next time, no more problem.Looking at your photo of the damage to your spolier and from what I have seen when cars are being towed, whether by loading onto a tray truck or when the tow truck uses trolley wheels, I am trying to work out how your spoiler was damaged….
Are you sure you haven't backed your car into something or another vehicle may have been backed into your car and you are tring to blame the tow truck company? "Kind of like when someone hits your car in a shopping centre and drives off and you try to blame that damage on another accident"?
Insurance?