QuestionQUESTION: My 18 year old was in a car accident in my car. He ended up in a ditch. The police on the scene asked him if he had a preferred towing company. They did not ask him what he wanted to do with the car. They were aware that a parent was home (5 miles away) and possibly sleeping. They did not offer to call the parent (owner of the car). My son was under the impression that the car had to be towed. No other options were given. He replied that he did not have a preferred company. A company on rotation was called.
The tow company claims that they were not aware there was a driver at the scene. "There was a bunch of young kids hanging around and watching". The tow guy did not talk to my son. My son finally approached him and asked him where he was taking the car. The guy gave him a business card with one name and three numbers on it. He said he could call that number to locate the car. He did not specify which number. He did not ask who my son was and had no further conversation with him.
The phone numbers listed were lots 3 miles from the scene, 12 miles from the scene, and 30 miles from the scene. When we tried to locate the vehicle, the local lot said they were unaware of any car being towed. The lot in town (12 miles) claimed that they were 3 separate companies. The car had been towed 30 miles away. They told us someone would call and talk to us that day. It was a weekend. We called three times and no one would call back even though the person answering the phone said someone would call us.
The company charged $1384 to get the car back the next day. They charged to use a dollie. We hired a company to tow the car back home. They charged $150 and did not need to use a dollie.
Questions: Is anyone at the scene under obligation to ask where the car should be towed? (like home vs lot). Could the car have been left in the ditch for the parent to decide later what to do? Is there an obligation to ask the owner where to tow the car if they are available? Can a company with one name and three numbers legally tow the vehicle to their farthest away lot? Can they charge to use a dollie if one was not needed? I feel like this company took advantage of my scared and naive son.
ANSWER: How far off in a ditch was the vehicle? $1384 sounds ridiculous for removing the vehicle and towing it 30 miles. The police did as they should by asking if he had a preferred towing company, some do not. What type of car was it? Generally law enforcement cannot leave a vehicle in a ditch since they will continue to get calls on it or it may cause another accident. They should have asked if he owned the vehicle, but he is 18 and was the driver. As for the dolly if it was not required that is the towing operator's decision, did anyone see him use the dolly? I don't see why the towing company has one number but many towing companies have more than one lot. Is it the same company? I would suggest first taking photos of the vehicle (How bad was the damage? Was the vehicle driveable once it was pulled from the ditch?) Your son did have the option of having the vehicle towed to his residence (you would have just paid the driver once they arrived.) and the towing company should have asked. Did you have insurance? I would also file a complaint with the Better Business Bureau. You can do this on line. I would also check to see if there is a local towing association. The TRAA Towing and Recovery Association of America may also be able to help. I am not sure if Oregon has laws regulating towing fees, but I will check while I am waiting for your reply.
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QUESTION: The car was a small two door Hyundai. It was on the roof in the ditch - but off the road. I can understand from your answer why the police may not have wanted to leave it there. The police were aware that my son was not the owner of the car. They asked if he wanted to call us, but my son was scared and declined. Were the police or the tow company still obligated to call us? They were aware that my husband was at home just 5 miles away. The first company charged us to use the dolly saying it was necessary because of rear end damage. The second company towed the car from the first company's lot without using a dolly - back wheels on the ground no problem. The first tow company claims it is three separate businesses but gave my son a business card with one name (they all have that name) and three numbers from three different towns. He did not specify to my son which number to call. There was quite a bit of time lost over the weekend as we tried to figure out exactly where our car was. They did not give him an invoice or receipt of any kind. The tow company claims they were not aware there was a driver at the scene but when my son approached them asking where they were going to take the car, they did not speak to him beyond handing him the card and saying you can call this number to get your car back. The car was not driveable. No one at the scene asked my son where the car should be towed. We do not have towing insurance. The specific charges from the tow company were: $239 for towing, $239 for pulling it out of the ditch, $280 for mileage ($10 a mile for 28 miles, $200 for 4 days storage (even though they would not return our calls over the weekend), $50 for license check, $50 for dolly, $300 for using 6 hazmats due to leaking oil (even though when we picked up the car there was just an old sleeping bag under it), and $25 dispatch fee. I am very unaware of what is the norm in towing, but this all seems crazy to me! Thank you for your help.
AnswerI would recommend contacting the State Attorney General's office. apparently they have a division just for protecting people from fraudulent towing companies. I found some information that may be helpful, but they can probably point you in the right direction quicker. In Alabama the average tow is $65-$125 pick up and $3 per mile. Certain additional fees may be added for a second truck, dollies, extended time on scene, etc.
As for the Hazmat your insurance company should be responsible for that portion of the tow/clean-up.
Towing (from Atty Gen web site) Some of this applies to Abandoned vehicles.
Beginning January 1, 2008, a tower will provide you with certain information if your vehicle is towed. This information can be provided by signs at a parking lot, on a sheet of paper handed to you, or, if you are not present at the time of the tow, by mail. (There are certain exceptions for when you do not need to be given this information, such as if your vehicle was an abandoned vehicle towed on behalf of the police or your insurance company is paying for the tow.) A tower must give you:
* A list of prices the tower charges;
* The location where the tower is towing the vehicle;
* The tower's contact information, including phone number; and
* The methods of payment the tower accepts, such as cash or credit card.
If the tower accepts cash, you will get exact change no later than the end of the next business day. (Not all towers carry sufficient change in their trucks.)
If you are present at the time of the tow and the hookup is not complete, the tower must release the vehicle at no charge. If the hookup is complete, the tower may only charge a hookup fee.
If a tower is storing your vehicle for more than 24 hours, the tower must take an inventory of all personal property in the vehicle that can be seen through the windows and must make sure that the property is securely stored.
The tower must allow you to redeem the vehicle between 8 am and 6 pm Monday through Friday, excluding legal holidays, at other hours within 60 minutes after asking the tower to release the vehicle, and within 30 minutes of a time mutually agreed upon. You can obtain all personal property of an emergency nature (i.e. prescription medication, eyeglasses, identification, wallet, purse, credit card, child safety seat, etc.) in the vehicle within the same time frames. If you are not redeeming the vehicle when you get the personal property of an emergency nature out of the vehicle, the only fee a tower may charge you is a gate fee during non-business hours.
When you redeem your vehicle, or get personal property of an emergency nature out of the vehicle, you cannot be required to give up certain rights, such as agreeing not to dispute the reason for the tow, the validity or amount of the charges, or the responsibility of the tower for the condition of the vehicle or personal property in the vehicle.
You can also contact DMV at (503) 945-5000 and inquire about towing regulations.
Other state laws of interest:
98.854 Prohibitions placed on tower of vehicles. A tower may not:
(1) Tow a motor vehicle without providing to the owner or operator of the motor vehicle the information required under ORS 98.856 in the manner required under ORS 98.856.
(2) Charge more than a price disclosed under ORS 98.856.
