Rear-wheel-drive vehicles are known to be fun to drive and great for traction, but require special treatment when towing.
That's what the owner of a Ford E-450 found out when his truck's transmission was damaged after a 100 km tow by a Coquitlam company.
In a recent Civil Resolution Tribunal, the tow company had to pay the truck owner $5,000 — the maximum allowed in the small claim dispute — after the arbitrator agreed on the balance of probabilities that the tow company was likely responsible for the damage.
The tow truck company, BC Pro Towing, did not present any documentary evidence or written submissions, "despite having the opportunity to do so," according to tribunal member Kristin Gardner.
Truck began to overheat
According to evidence provided, the truck was towed by Pro Towing on July 23, 2021, after the vehicle began to overheat.
An overheating problem was diagnosed, and the mechanic repaired the truck’s thermostat and radiator, according to the owner, a numbered company represented by Alexandre Bouchard.
However, during a test drive, the mechanic found a "limited" ability to change gears or "attain any speed," problems which the truck owner said weren't an issue prior to being towed.
The vehicle was sent to a transmission specialist, who replaced the transmission, charging more than $5,100 plus tax for a re-manufactured transmission and its installation.
Truck wouldn't change gears
The bill was paid and the matter settled at this point because the vehicle owner didn't know what caused the transmission damage.
It wasn't until months later that the owner came to realize that Pro Towing was responsible.
In October 2021, the truck needed to be towed again — this time for unrelated reasons — and the owner was told that when towing a rear-wheel vehicle the driveshaft has to be disconnected to avoid straining the truck's transmission.
At that point, the owner came to realize that the damage may have been caused when the vehicle was towed the first time, an assertion that was backed by Bouchard's business partner, who was on scene for the first tow, and told the hearing said he didn't see the tow company disconnect the driveshaft before it started towing the truck from the front.
Similarly, the mechanic who received the truck after its initial tow also noticed that the driveshaft was still connected when the truck came off the tow truck on July 23, 2021.
The hearing was told that a rear-wheel-drive vehicle that is being towed from the front must have its driveshaft removed at the differential or its back wheel put on dollies, to avoid transmission damage.
Pro-Towing, meanwhile, took issue with how long the truck owner waited to advise it of the transmission damage.
But on that point the tribunal disagreed.
No evidence owner did the damage
"I find there is no evidence to support Pro Towing’s speculative submission that 093 [the owner] caused the transmission damage itself after Pro Towing towed the truck.
"Rather, I find the weight of the evidence suggests that Pro Towing caused the truck’s transmission damage."
In finding Pro Towing responsible for the truck owner's repair cost, Gardener noted that the company didn't provide any evidence to contradict statements that the driveshaft was not disconnected during towing.
"I accept MP’s [the transmission repair company's] evidence that towing the truck with the driveshaft connected, its rear wheels on the ground, and the engine off, can cause the damage that occurred."
Pro Towing will have to pay the applicant $5,223.51, including damage for vehicle repairs, interest and CRT filing costs, according to the Dec. 9 CRT decision posted online.
