Towing Issues: Nonconsentual tow, not police authorized, tow fee, tow driver

Question
My son's car went off the road into a persons yard, the yard was very swampy so a extrication/tow assist was called for as he was unable to get out of the mud on his own.  My son placed a call to AAA & they responded back with time of arrival.  However, in the mean time the homeowners had called the police to report the accident, the police also called the tow company - the police say they called AAA but AAA does not have record of that - we believe the police called the tow co. directly.  Upon arrival the tow driver winched the car out & when he was done asked for payment on site - my son refused stating AAA would cover - the driver refused to give him the car without payment on site & removed the car even though it was drivable & the police were not authorizing a nonconsentual tow.  We called AAA and they stated as long as no arrests or police intervention they would cover the extrication.  Since the tow co. office was closed we had no choice but to wait until the morning to get the car back.

When we arrived the owner said we had to pay $225 labor charges and there was also an $88 tow fee - he was refusing to accept AAA's payment for the labor.  He however did accept AAA payment for the illegal, larceny tow of the vehicle (which was drivable but confiscated as collateral in lieu of payment).  We had no choice but to pay under duress to avoid additional storage fees.

We are now submitting to AAA for reimbursement, however they will only reimburse for their allowed extrication fee of $82.  The tow driver arrived on scene at 8:30 and left by 9:10 - however we are being charged 1 1/2 hours for labor, our receipt shows the job end time as 10:20 - can labor be charged while the car is actually being towed the whole scene was cleared & my son was home by 9:20 - how can labor charges accrue for another full hour on top of the actual tow fee?  Is this legal or common practice?

We tried, unsuccessfully to reason with the tow co. owner but he was aggressive and argumentative - even stating that the police had to tell my son to leave his driver alone.  We spoke to the Lt. who was on scene & he says there was no altercation except for my son stating AAA would pay - the tow driver demanded my son's keys - he gave them over unsure at the time what else to do. I am looking to file a complaint with the DMV and am contemplating filing larceny charges against the tow driver for illegal removal of personal property as collateral for inflated, fraudulent labor charges.  I realize that this may end up in either criminal or civil court but would like a reasonable opinion from someone who is more familiar with the towing/recovery business.  Please don't get me wrong - I don't have a problem with the tow company being paid for services rendered, I do however have a problem with bullying for unfair charges.

Answer
There is a very fine line in calls like this one there.

First of all I want to say that AAA provides EMERGENCY ROAD SERVICE, which generally is tire changing, unlocking vehicles, delivery of gas and jump starting vehicles. It also covers vehicles which break down and need towing. Now in your case the vehicle went off the roadway (for some reason) and ended up in the swampy yard.  That generally is an accident in most definitions even if there is no vehicle damage. Most people forget about property damage (the yard is damaged with tire tracks and ruts)

Now calling AAA generally will get the tow company to come out and do what they have to do, if it is a very simple recovery. Remember AAA is a basic service.

Now the property owner calling the police to get a report done is fairly standard. After all they want their property returned to pre damage condition. Someone has to pay for that and that is most likely why they called the police.

Now here is the big problem, most police officers will ask if you have either called a tow truck or have a preference of who to call. That is when you can request AAA... Police departments use rotation systems for tow companies to respond to the calls and as such you may or may not get an AAA provider.

That is a big issue here as AAA will say that everyone will accept the membership for payment. It does not work that way, as not everyone is contracted with AAA to provide service... And if you really knew what AAA pays the tow companies for service provided you would not believe it. I am going to say that the fee that you had to pay verses what AAA pays is a huge difference.  AAA most likely pays contractors like 10 to 15% of that fee for services rendered.

As to them "accepting" the AAA card for the tow to the storage yard, well that might be ok, but AAA rules also have guidelines for recovery of vehicles, and they are also time based. You generally get 30 minutes on scene of work, and that is using normal automotive servicing equipment. Specialized equipment even though it is on the tow truck is not covered in most AAA contracts. (AAA has like 100 different clubs and each one has different rules)

So the labor charge is most likely them charging on that issue.


Now as to you filing charges and suing the tow company, good luck as remember that the police were also involved and called for the tow and it sounds like the luck of the draw you got an AAA contractor instead of someone who does not take or work for AAA at all.
What would you be doing then if it was not a AAA contractor. They do not have to take the membership card, just like Sears does not honor a JC Penny card.


Good luck in what ever you decide, but remember that you also have your auto insurance which "MIGHT" reimburse you any fees paid if you have full coverage insurance or towing on the policy.


And I want to close this answer with the statement, "99 percent of tow companies are honest and follow the laws, not everyone is like what tow truck drivers are portrayed like on TV and in the news. Most are very honest and follow all the laws and regulations"

Hope this helps.