How to deal with tow truck operators

Recovery of your vehicle after an accident

Tow truck operators provide an indispensable service to motorists and the insurance industry. They are very often the first to arrive at the scene of an accident and many provide assistance to disorientated or injured accident victims. They often assist in directing traffic and work with the authorities to clear the accident scene as quickly as possible.

Unfortunately, as in many industries, there are tow truck operators who do not act within the confines of reasonableness, often breaking the law, and the public has a right to be protected against these operators.

The malpractices include:

• Offering free cell phones to police officers as an incentive to phone them prior to reporting an accident.
• Bribing corrupt police officers to ensure they are first at the scene of an accident.
• Claiming excessive recovery and storage costs.
• Recommending panel beaters based on commission they receive for the recommendation and not necessarily because of the quality of work of the panel beater.
• The latest scam is to make use of smothering devices which prevents the use of cell phones, thereby forcing the accident victim to make use of their services. This is illegal and should be reported if you suspect an operator is guilty of such an offence.

Advice for motorists when your vehicle has broken down

The National Road Traffic Act 93 of 1996 stipulates in Section 61(3) that '.no person shall remove a vehicle involved in an accident, except for the purpose of sufficiently allowing the passage of traffic, without the permission of the owner, driver or operator of such vehicle or a person who may lawfully take possession of such vehicle.

The following suggestions will assist the motorist:

• If your vehicle is insured, contact your insurer or broker and ask for information regarding the procedure to follow. Have the contact details of your insurer available at all times.
• If your insurance cover only includes towing charges by specific operators, call the emergency towing assistance number. This number usually appears on a sticker provided by the insurance company.
• Make sure that the accident-damaged vehicle is delivered to a repairer approved by your insurer or, if you are not insured, make sure to collect your vehicle as soon as possible to prevent the accrual of storage charges.
• When dealing with recovery companies, always establish the amount to be charged for all aspects including towing, salvage and storage fees. Always agree on towing charges before your vehicle is towed.
• Get as much information about the tow operator as possible before you agree to the recovery - name of company, driver, and registration of tow truck, physical address and phone number, preferably not a cell phone.
• Do not sign anything. If the tow operator insists, only sign an authorization to tow the vehicle.
• If you are an AA member, contact the AA to arrange the tow. The AA uses only certain towing companies that comply with a code of conduct and service levels. You also have recourse if something goes wrong.
• Remove all valuables from the motor vehicle before it is towed away for repairs.