QuestionQUESTION: I RECENTLY HAD MY CAR TOWED, IT WAS INVOLVED IN AN ACCIDENT WHERE THE BRAKES DID NOT STOP THE CAR IMMEDIATELY. I SLIGHTLY TAPPED THE CAR IN FRONT OF ME. THERE WAS NO DAMAGE TO EITHER CAR. THE POLICE CAME FOR THE FIELD REPORT AND SAID THAT BECAUSE MY BRAKES WERE INVOLVED THEY HAD TO TOW MY CAR. MY INSURANCE COVERS TOWING SO I WANTED TO HAVE IT TOWED BY A TOW COMPANY OF MY CHOICE. THE ACCIDENT HAPPENED IN TUSCALOOSA WHICH IS ABOUT 45 MINUTES AWAY FROM WHERE I LIVE IN FAYETTE I WANTED IT TOWED TO FAYETTE AND WAS DENIED THIS. I WAS FORCED TO USE THE POLICE TOW COMPANY AND IT WAS TOWED TO HOLT WHICH IS OUTSIDE TUSCALOOSA ALABAMA. MY QUESTION IS WHAT IS THE LAW CONCERNING THE TOWING BECAUSE OF BRAKE ISSUES AND COULD I HAVE HAD MY CAR TOWED TO FAYETTE ?
ANSWER: The vehicle was unsafe as you say the brakes did not work. Do you really think it would be safe to drive it further ???
Now as to the police using their contracted tow company, instead of waiting for your tow company I can not really answer that. But if the vehicle was blocking traffic they are not going to wait and have further traffic problems. Or contracts with the tow company might of made it where they had to use them. Many issues here affect this answer.
It is a safety issue also, in respect to the people involved.
Now as to towing it home, they might of done that, but you would also have to pay for the towing charges when it got there, and then get your money back from the insurance company.
Hope this helps
---------- FOLLOW-UP ----------
QUESTION: i asked you about having to get my car towed because the brakes malfunctioned what i really wanted to know was it an Alabama law that you have to have the police tow your car because of this. the problem was low brake fluid so it wasn't totally that the brakes went out
Answerbasic answer NO
Is that plain enough answer for your question in regards to safety, liability, and your responsibility and risk for driving an "UNSAFE VEHICLE" even if it was just low on brake fluid...
The big question is how much responsibility were you willing to accept by driving the vehicle which had bad brakes. Remember in todays "LAWSUIT HAPPY - SUE EVERYONE" world you know that you would of been held responsible for any further incidents, and any lawyer worth a darn would of found the prior incident and used that to show possible criminal behavior.
I also have to say, that in my job I see way to many vehicles which are unsafe because the drivers do not even do basic checks on them. Gone are the days of full service gas stations where you would have someone look at things and warn you of problems.
I am not a lawyer and I did not say in a Holiday Inn Express last night, so I can not give legal advice or quote sections of the laws, (even though I am in Alabama also) as I am just a tow truck driver who volunteers here to try and help people which have questions.
