QuestionMy girlfriend recently got her car towed from street parking. It was a really
old car, the battery had just died, and we didn't have money to fix it so we let
the tow company taking it thinking they'd trash it (they didn't know we knew
they took it though). Fast forward to ~2 weeks later and my girlfriend calls
them. They say we owe $700 in towing and storage fees. Does this sound
correct? Or is there any protection we can seek against this? It seems unfair to
call someone two weeks later and they basically say, "by the way, you owe us
$700. pay now."
AnswerI have been busy lately so I am sorry for the delay in answering the question...
Now it sounds like it was towed as per orders of the police department as an "abandoned vehicle". Now if this is correct then the police contract tower has rates which are set either in the contract with the tower or by the state...
Hawaii has recently undergone some changes in the towing laws and while most of them are oriented in the towing of vehicles from private property parking lots.
But in all of them there are storage rates which maybe in the area of lets say $ 30.00 a day for each day it is in the tow yard. (I just picked this number out of the air)
Lets say following your question that it sat there for the 2 weeks, which is 14 days... Now if the rates are the $ 30.00 a day then you have 30 x 14 which is $ 420.00 dollars just in storage. If you called and they told you that you owed $700.00 then you would have a towing fee of $ 280.00 which would be left. But I know that there are also fees within that price for mileage and such...
Last time I heard the police contracts there were running about $6.00 a towed mile. so a 10 mile tow would have $ 60.00 in mileage which would make the tow $ 220.00... Follow how it works.
Now as the vehicle owner, your girlfriend is responsible for any and all towing and storage fees as per various laws... Yes there are laws which the state ( and most every other state) have granting the tow company a "lien" on the vehicle for the fees owned. In some states the tow company also reports to the state that tow fees are not paid and as a result the state DMV can either mark your license plates or your drivers license can be suspended till the fees are paid to the tow company. Last I heard, Hawaii was trying to get that law passed, and I am not sure of the outcome of that state bill yet...
And then some tow companies also do turn unpaid tow bills over to collection agencies, and you know how they work... That is another issue that you need to be aware of...
Now as to protection from the tow company, as listed above there really is not much "protection" from the tow company as they did perform a job (provided a service) to the vehicle, even though you did not "authorize it" They were following the directions of a law enforcement officer who was following the laws of the state - city and as such the tow company follows the laws on disposing of the vehicle via the lien process...
I am sorry that you feel that you are being "cheated" by being told that you "basically owe us money" by the tow company but it sounds legal to me...
