They’re expensive and inconvenient, but you CAN avoid them… or fight back.
If your car breaks down you’ll need a tow. It’s expensive and annoying, but it’s unavoidable. If it DOESN’T break down you want to avoid a tow at all costs. If you park illegally and get towed, well, that’s on you. But you probably know there are unscrupulous companies out there who haunt controlled parking areas, overcharge for the tow itself, charge exorbitant costs to get your car out of hock, or a thousand other scams to part you from your hard-earned money. These are “Predatory Tows”, and while they’re also expensive, they’re almost completely avoidable. We ran across several articles with great tips to avoid or fight predatory tows. Don’t let it happen to you!
Protecting yourself from predatory towing
Consumer Action, Dec 2017- Consumers Towing Rights Advisory (California)
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- One-Hour Rule A vehicle must be parked for one full hour before being towed unless it is parked in a manner that interferes with an entrance or exit, is within 15 feet of a fire hydrant, or in a fire lane. The curb of a fire lane must be painted red and be clearly labeled “No Parking Fire Lane.”
- Unconditional Release If a vehicle owner encounters a tower removing his or her vehicle but the truck is not yet on a public road, the owner may demand the immediate and unconditional release of the vehicle. The law does not require the owner to provide a driver’s license.
- Reasonable Release Fee. If the tower releases a vehicle that has been illegally parked, the tower is entitled to no more than one-half his normal towing fee. Local law enforcement can tell you what the normal towing fee is for your area.
- Ten-Mile Limit. A tower cannot take your vehicle to a storage lot that is more than ten miles from where it was parked.
- Clearly Posted Warning. A tower must have written consent from the property owner or his agent, who must have waited one hour before calling for the tow. Also, a sign not less than 17 inches by 22 inches in size should be displayed in plain view at all entrances to the property. It should prohibit public parking and indicate that vehicles will be removed at the owner’s expense, and post the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the property owner.
- Valid Towing Permit (photos, records, no kick-backs). The tower must have a valid motor carrier permit, shall make records and photographs of each tow available for law enforcement, and shall not share profits from towing with property owners who call for a vehicle removal.
- Credit Cards OK. The tower must accept credit cards in payment for towing and storage fees, which must be reasonable.
- Compliance Within 24 Hours = One Day Maximum Storage Charge. If the appropriate fees are paid within the initial 24 hours of storage and the storage facility fails to comply or is not open during normal business hours, then only one day’s storage fee may be charged.
- Reasonable Gate Fee. The gate fee, or maximum hourly charge for releasing a vehicle after normal business hours, shall be one half the hourly tow rate charged for initially towing the vehicle, or less.
- Penalty for Excessive Charges. A person who charges a vehicle owner a towing service or storage charge at an excessive rate is liable to the vehicle owner for four times the amount charged.
Article continues here on Consumer Action
7 Ways to Avoid Predatory Towing Companies
Wrenches & Wreckers- Here are 7 ways to avoid predatory towing companies:
Know your rights: Familiarize yourself with the towing laws in your state, as well as the rights of vehicle owners and drivers.
Read the signs: Make sure to check for posted signs indicating the rules for parking in a particular area.
Park in well-lit areas: Avoid parking in dark or isolated areas that may attract predatory tow truck operators.
Use a steering wheel lock: A steering wheel lock can help prevent your vehicle from being towed without your permission.
Keep your registration and insurance information up-to-date: Make sure your registration and insurance information is current and visible in your vehicle.
Take pictures: Take pictures of your vehicle before leaving it in a parking lot to document its location and condition.
Call the police: If you believe your vehicle has been illegally towed, contact the police as soon as possible to report the situation.
Article continues here on Wrenches & Wreckers
7 Ways to Avoid Predatory Towing Companies
Insurance Journal- 7 Best practices for fleet carriers
Fleets and truckers must protect themselves against tow truck companies that run illegal or unethical operations. The following best practices offer key guidance for your fleet.
Plan your routes. Don’t let your truckers wing it when they are picking up goods or hauling a load. Proper route planning will not only ensure safety and increase driving efficiency by avoiding both known and unknown hazards but will also incorporate breaks and help determine the best route depending on what time of day a trucker is on the road. Digital route planning tools are available to help with this as well.[4]
Be suspicious. Towing companies standing by on the scene when an incident occurs is not the norm. Train your drivers to be on the lookout for scamming tow trucks waiting in the wings. Prepare your drivers before an accident takes place to alleviate unnecessary stress; inform them that they may not be responsible for the underpass they just clipped if the low bridge sign was illegally removed, for example. That information should help them think more clearly in these situations.
Call the police. Summon them to the scene and request an accident report. If this does happen to you or one of your drivers, ask local police at the scene for guidance on selecting reputable, local towing company.
Get it in writing. Make sure the cost of a tow is in writing — not open-ended — with all charges clearly itemized. Avoid verbal agreements at all costs. Signed documents with clear cost pricing is essential to protecting the fleet from being scammed. Ask for the towing company’s business license and, if possible, confirm the information before accepting any assistance.
Have protocols in place for dealing with accidents. This includes contacting managers and dispatchers right away, calling the police and preventing drivers from signing or authorizing a tow without management approval. Providing drivers clear protocols beforehand significantly reduces the probability of making a mistake when a tow is required.
Consider partnering with towing companies. Establishing agreements with national or local towing companies where your fleet frequents can help your organization sidestep dishonest tow trucks. With such agreements already in place, truckers can immediately contact these companies, avoiding the need to source one on the spot.
Report to local officials. If your driver or fleet falls prey to a shady towing incident, reach out to local officials for support. Reporting all of these incidents will help local jurisdictions take regulatory action to prevent this from happening again, as they did in Chicago.
Article continues here on Insurance Journal
Getting off the hook of a predatory tow- 14 ways states should protect consumers when their car is towed
US PIRG Education Fund, May 2021
Only about half of states set any kind of maximum fees for towing or storage of vehicles towed without the driver’s consent. More than 30 states don’t require rates that do exist to be displayed or disclosed. A few states offer deeper protections, such as requiring a photo of the improperly parked vehicle before it’s towed or prohibiting tow trucks from patrolling streets or parking lots looking for cars to haul away.
Maximum Rates: Only 23 states have set maximum towing rates and 24 states have maximum storage fees for non-consensual tows.
Display Rates: Only 14 states clearly require that towing companies display their rates, either on “tow away” signs or at their storage facility.
Driver Notification: In 37 states, the towing company must notify the owner/ driver when their car has been towed and where it’s being stored.
Accept Credit Cards: Only 11 states clearly require towing companies to accept payment via credit card.
Private Property Signs: In 30 states, private property owners must display “tow-away” signs that are clearly visible from an area where a car may be towed.
Photo Evidence: Only four states require tow trucks to take a photograph of the car before moving it from its original location.
Release for Incomplete Tow: Tow drivers in 18 states must release your car at no charge or for a smaller “drop fee” if you return to your car before it has been completely removed from the property.
Set Hours for Recovery: Nine states allow you to retrieve your car from storage 24/7, as long as you give notice. Additionally, 17 states require storage facilities to have set business hours during which your car must be accessible for pickup.
Access to Personal Items: In 20 states, the towing storage facility must allow you to access all personal items from your towed vehicle. Nine states only allow the retrieval of emergency items, such as keys, a wallet or medication.
Reimbursement for Illegal Tow: If you can prove that your car was towed illegally, you are eligible for a reimbursement in 27 states. In 17 of those states, you are entitled to damages in addition to reimbursement.
Reimbursement for Damages: If your vehicle is damaged during the towing or storage process, the towing company must reimburse the owner for damages in 23 states.
No Cruising for Cars: In 14 states, towing companies are strictly not allowed to patrol or scan for illegally parked cars.
Itemized Bill: Towing companies must provide an itemized bill in 22 states, which gives consumers the opportunity to dispute any suspicious charges.
Article continues here on PIRG.org
