It’s easy to see a $100,000 towing hit as a tragedy that only happens to “other” drivers.
But thinking you’ll never fall victim to predatory towing practices can be the biggest mistake you make when your truck is disabled in an accident or has a mechanical failure out on the road.
Despite the current media attention on the topic of predatory towing and the recent regulations passed that combat predatory practices, drivers must still fend for themselves when the tow truck arrives. Ultimately, the best defense against predatory towing practices is to be informed.
Dismiss the Issue at Your Own RiskPredatory towing is more than just media hype, a report released in 2023 by the American Transport Research Institute (ATRI) states that 83% of truckers who have been towed experienced excessive rates and 82% experienced unwarranted service charges.
The issue is nationwide and predatory towing practices occur out on deserted highways as well as city streets today.
The Owner-Operator Independent Drivers Association tells of a member-company that received a towing charge of $100,386 that included a 5% administrative fee of $4,463.
A trucker in Chicago received a $75,000 bill for towing after a bridge strike. According to the IA Insurance Group blog, the “low bridge” sign had been suspiciously removed and an unsolicited tow truck appeared not long after the accident occurred.
Exorbitant rates and unwanted services are only part of the problem. Towing companies have the ability to impound tractors, trailers and freight until payment is made. Not only do carriers suffer the loss of business, but they may also be forced to pay storage fees that grow every day that payment is delayed.
Perpetrators Exploit the Gaps in Regulations and Industry StandardsToday tow truck companies’ pricing and practices remain largely unregulated at the federal level and unchecked by national industry standards.
It’s not for lack of trying. In 2024 the Federal Motor Carrier Safety Administration urged the Federal Trade Commission to establish regulations preventing hidden or misleading fees charged by towing companies and five states passed new laws meant to prevent abusive billing practices used by towers.
Even with these developments, unscrupulous tow truck operators still find ways to take advantage of drivers. The conditions are often ripe for abuse when there’s no competition, expensive equipment and specialized expertise are required, and conditions are chaotic and stressful.
Beware the Top 8 Predatory Towing Practices from ATRI1. Excessive hourly or per-pound rates
2. Unwarranted additional services or labor charges
3. Excessive storage rates
4. Vehicle release delays or access prevention
5. Cargo release delays
6. Damage caused by the towing company personnel and equipment
7. Vehicle seizure without cause
8. Misreporting nonconsensual tows as consensual
Carriers Should Be Prepared Before Hitting the RoadKnow what your insurance covers in terms of towing, roadside assistance and vehicle storage. Knowing your coverage aids decision-making in the event of an incident.
If you run regularly in certain lanes, look into establishing relationships with tow truck companies serving those lanes. Doing so can enable you to preset prices and facilitate quick responses.
Knowing what fair prices are in the first place can help carriers contest or reject inflated estimates for services. Fees for truck towing services vary by geography, conditions and the work required. Nevertheless, having ballpark figures can help drivers know if a fee sounds fair. ATRI provides this guidance:
Median Rates and Excessive Rate Thresholds for Towing
Protect Yourself from Predatory Towing Practices• Establish protocols for tows. After ensuring their own safety, drivers should have a list of steps to take that may include alerting their dispatcher or manager, calling local law enforcement authorities, and conferring with a dispatcher or manager on towing decisions.
• Get it in writing. Follow up by email on what was agreed to over the phone immediately after talking to the tow company. Have them reply with their confirmation.
• Check documentation. Ask for the tow truck company’s business license and confirm their credentials when they arrive before accepting assistance.
• Document everything. Teach drivers to take pictures and videos at the scene of the incident of their vehicle’s position, all damages, and any fluid spills. Instruct them to take pictures of and make notes of the personnel dispatched to the scene by the trucking company and all the equipment and materials they use.
• Don’t sign anything. According to attorneys, Adam Brand and Shahan Kapitanyan of Brand & Tapply LLC in Trucking Dive, towing and recovery companies may ask drivers to sign documents at the scene such as assignment of rights and agreements to rates. But there is no requirement that these be signed and they recommend drivers not sign any documents.
• Call the police. Make sure they come to the scene so you can obtain an accident report. You may ask them to recommend a good local towing company but be sure and perform your due diligence on their recommendation.
• Choose your tow. Drivers may have the opportunity to name their towing and recovery company. Encourage drivers or dispatchers to find a local trucking association and ask them to recommend a towing company.
• Question coincidences. Inform drivers to be suspicious of tow truck drivers that appear to have been waiting close by to come to the rescue. Scamming tow operators sometimes take advantage of unmarked low bridges or other hazards to swoop down on rattled drivers.
• Ask for an itemized invoice. You need the ability to spot duplicate or frivolous charges and confirm the actual service occurred. Also an itemized breakdown enables you to cross-check the charges with standard fees. (See above.)
Know Before You TowAwareness of the risks and the best practices for mitigating them is the first and most important step when it comes to protecting yourself from the potential financial hit and hassles of predatory towing practices.
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