- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## The Current Situation with the Tow Driver
The tow driver in question is attempting to charge me $1500 for a tow, even though my car is totaled and estimated to be worth only around $3,000 in parts. At the scene, I informed him that I only have third-party insurance. He suggested that we quickly remove the car so I can update my insurance policy and file a claim, which would be considered insurance fraud. He is insisting that I sign the car over for scrap, pay for the tow (which was illegal as he did not complete a tow driver’s statement and I did not sign anything), or participate in insurance fraud so that he can be compensated for storing my car.
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****** just grabbed a
I would advise you to contact Consumer Protection both for advice, and to lodge a complaint. This is an area that they need to get tougher on, and every complaint counts, even though everyone knows they are doing this kind of thing.
Please also consider contacting your local elected officials, as they would be part of making changes to get tougher in this area. They are real predators, it’s ridiculous.
As detailed here under “Resolving disputes”:
[https://www.commerce.wa.gov.au/consumer-protection/towing-after-accident](https://www.commerce.wa.gov.au/consumer-protection/towing-after-accident)
Honestly it might be worth reporting it as stolen.
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In the Road Traffic (Vehicles) Regulations 2014 there are some Regulations that clearly cover this. You will note that the legislation does not in any way permit for a car to be towed or moved in any way under a verbal contract (unless the vehicle is being moved to a safe location after being authorised by the Department of Main Roads).
The authority for tow truck drivers to move a car is covered by Road Traffic (Vehicles) Regulations 2014, which is subsidiary legislation under the Road Traffic (Vehicles) Act 2012.
Download:
Road Traffic (Vehicles) Regulations 2014
From:
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_s45434.html
Scroll down to Regulation 419, which is on page 291 of the PDF.
419. Tow truck driver’s statement
(1) Subject to regulation 420, the driver of a tow truck must not tow or salvage any vehicle from the scene of an accident until the driver has —
(a) completed in duplicate a statement setting out the following —
(i) the name and address of the person licensed to operate the tow truck;
(ii) the name and address of the tow truck’s driver;
(iii) the tow truck’s number plate details;
(iv) the name and address of the owner of the vehicle to be towed or salvaged, if known;
(v) if the removal of the vehicle to be towed or salvaged is authorised by a police officer — the police officer’s name and number assigned for official purposes;
(vi) in circumstances other than those referred to in subparagraph (v) — the name and address of the person authorising the vehicle to be towed or salvaged;
(vii) the make and number plate details of the vehicle to be towed or salvaged;
(viii) the place from where the vehicle is to be moved;
(ix) the place to where the vehicle is to be moved;
(x) the maximum fee that will be charged for the tow or salvage of the vehicle;
(xi) the maximum fee that will be charged for the storage of the vehicle;
(xii) the date and time at which the authority to tow or salvage is signed;
and
(b) signed, and obtained the signature of the person authorising the tow or salvage to, both copies of that statement when completed.
WA, the Wild West of the towing industry. Do they still have tow truck drivers bashing each other over there?
Vic and NSW regulated accident towing 40 years ago to stop stuff like your situation, happening.
Chat request sent with DOT contact details for an investigating officer. Bust this arsehole.
Everyone else should read through:
https://www.transport.wa.gov.au/licensing/tow-truck-industry.asp
We don’t use attorneys in Australia , they are called solicitors.