Towing Issues: Towing Fee, tow truck drivers, tow truck driver

Question
Hi Richard-

I live in Los Angeles, CA and I was in a car accident today and I was flooded by tow truck drivers.  While I was on the phone with my insurance carrier a tow truck driver claimed that I gestured to him that it was ok to tow my truck. After I got off the phone, my car was already hooked to his truck and I asked him to take it off because my insurance company had dispatched a tow truck.  This tow driver told me that I had to pay him $120 cash because my car was already hitched.  I was on the phone and don't remember giving him the ok.  He became argumentive and started cursing me out and told me that I was trying swindle him when it was the other way around.  I paid him so that he could leave me alone.  Was this illegal?  Can I take him to small claims court for the money since I did not sign anything authorizing him and he charged me for services not rendered?

Thanks for your help!

Answer
Wreck chasing is what happened to you, and it has no morals, standards and rules which regulate the towers.

Unfortunately, you got caught up in it and as such you had to pay the operator for something that is not legal or illegal in practice.   I would not accept the "gesture" as an authorization since California has a lot of towing laws which should apply in your case.

Now since you did not authorize him or anyone in writing to tow your vehicle you might have some standing. Was there a police officer on scene?   Because you would have a witness to the actions of the tower.  

Now you can also check with California DMV as they regulate towers and as such might be able to help you take action against the tow truck driver.

Now you always have the rights to go to small claims court and as such you have to have lots of proof - evidence of what happened. This includes any receipts of the tower and copies of police reports and pictures that you have. Also your insurance company can help after all there might of been some intent to defraud on the towers part.