Another towing question

I just thought of something that may put a bit of a dampener in my process of turning my Ex into an Ex with a tow package

Here is the deal. I had a Class 2 hitch and no trans cooler (obviously)

I then found a class three from a junk yard and had a brake controller that I hooked up. I then bought a massive trans cooler (to help make up for having 3.55s not 3.73s even though the difference in RPM is very minimal to begin with)

So with this setup I can confidently now tow 5700lbs or whatever the max tow rating is for the V6 4x4 (I think it is less than that) If I need it I will get an engine oil cooler down the road as well.

I just thought of one problem though. Safety wise mine is as safe as a tow packaged one (as in same brakes, same suspension etc) you could argue that towing with higher gearing isn't as safe for the truck but that isn't my point here.

What I am asking is, even though I have equipped the vehicle properly for safety the vehicvles GCWR and all that are still technically the same as the stock configuration. So, from an insurance and accident perspective am screwed if I tow over the class 2 rating even though I have brought the vehicle up to par with a factory tow packaged one???

Honestly I don't ever plan on towing more than 3500 much anyway, I mainly did it for looks of the hitch and for things like carriers on the back and that stuff, and the trans cooler I wanted for towing but also for stop and go and just the life of the transmission so no matter what I don't regret what I have done, I just want to know if I am within the law or not.

I tend to think that I am from the perspective that people go to places all the time like U Haul and get a hitch, brake controller and trans cooler on their vehicle and the company is allowed to do that...just want to be sure.

Thanks

 

[thebrakeman]

The HD tow package would have come with additional cooling AND different gearing. So how is it that you think additional cooling (only) will "help make up for having 3.55s not 3.73s". You've added one part of the package, but not the other. You should not consider yourself good for any more than 3500 lbs.

Have you given more confidence in your vehicles ability to tow? Absolutely!
Could you tow more than 3500 lbs without an issue? Most likely.
But don't fool yourself. Treat it as a 3500 lbs vehicle.

Regarding your actual question about liability, you are technically correct. If you were in an accident, towing over 3500 lbs, and some lawyer thought to look into your rig, you could be found negligent. Then again, they would have to prove that this negligence actually caused the accident. In reality, towing 5000 lbs with the wrong gearing...I can't see that causing an accident. It's simply overloading your drivetrain, causing accelerated wear-damage to the engine and/or trans.