QuestionBoca Raton, Palm Beach County, FL
While backing a 21ft boat on a trailer down a public boat ramp, the truck slid down the ramp into the water (the ramp was slick with algae). The truck was and trailer were submerged, the trailer remaining hitched to the truck and the boat floating but remaining chained to the trailer. The police called a towing company and one of the city's professional divers. The diver attached a cable from the tow vehicle to the front of the truck and the tow vehicle winched the truck, trailer and boat out together and took them 2.5 miles to the impound lot at 7pm last Friday evening. The tow truck and diver were on the scene for approximately 1 hour.
When my auto insurance company adjuster picked the truck up yesterday, the tow company charged $723 (a $175 "primary towing fee", a $343 "diver recovery fee", a $125 storage fee for 5 calendar days, a $55 "administrative fee" and a $25 mileage charge). Now the tow company is demanding another $886 before they will let me pick up the boat tomorrow (a $343 "towing charge", a $343 "recovery fee", a $175 sorage fee for 7 days and a $25 mileage charge). The tow company claims that it is allowed to charge for 2 entirely seperate towing jobs. Can they actually do that?
In case it may be helpful, the Palm Beach County Maximum Non-Consent Towing Rates provide for no more than: $343 for a Class C Police Directed Tow; $9.50 per mile; $25 daily outdoor storage after first 6 hours; $100 plus cost per hour for Underwater Recovery; Extra Time at Scene charges after first 30 minutes equal to 25% of applicable towing fee in 15 minute intervals; and an Administrative/Lien Fee of $35 plus actual fees imposed by State of FL for obtaining required ownership information.
AnswerSorry for the delay in answering, I was trying to do some research on this for you.
I tried to go though the Palm Beach County info and see what I can break it down to.
I do question the "CLASS C" tow truck charges as that is a "HEAVY DUTY TOW TRUCK" which generally tows semi tractor and trailers, not pickups and boats on trailers.
That might be an area of where you can contest the pricing a bit. GOT PICTURES? would be a key here. That can help prove that they are charging wrong.
IF you can prove they did not use that "CLASS OF TRUCK" then you might have a starting point.
Or did they have a Big truck there and then used another truck to tow the vehicles to the yard in combination as you say.
But what I see, is that after the First 24 hours then it gets into the "lien process" and notifications.
Now Florida is strange as they do require that "EACH VEHICLE WHICH IS REGISTERED" is filed upon separately as in the notifications and such.
So technically yes they can charge each vehicle for the service provided to it.
NOW as to the "COMBINATION"
I have to say that it seems like they are trying to use the law to get full maximum out of this.
Yes it was recovered in "ONE UNIT - COMBINATION" but they should of divided each price (diver, etc) and applied it to each vehicle fairly. But I do have to say that some companies do not do things right, or they do make mistakes at times.
Now the Storage, yes that is correct as they charge for "EACH SPACE" taken up in the lot and the pickup would be one, and the boat and trailer would be a separate space.
Now you mentioned insurance on this, I hate to say it but they might be your new best friend in this case. They have a bunch of lawyers and stuff on staff and they can help you with this if possible. If they see fraud in this they can go after the tow company.
Also go back to the original agency who responded and I am sure that since PBC regulates towing, they will have someone who can look at the bill and have them change it or face penalties and such.
And if all else fails, gain as much information from everyone, including the police and insurance company and you have the right to use small claims court to battle them for overcharges if they did in fact charge wrong in this case.
Good luck and remember document everything
