WHAT IS PREDATORY TOWING?
In the unfortunate event of a roadside breakdown or vehicle accident, a damaged tractor-trailer may need to be towed or recovered from the scene. If this is the case, be mindful of predatory towing and recovery companies. Unscrupulous towing companies are on the prowl, looking to take advantage of unsuspecting motor carriers and their drivers. They typically approach a driver on the roadside, offering their services, and the result can be costly. If the driver or trucking company is not careful, these predators will charge outrageous amounts for their services—or worse.
According to the “Causes and Countermeasures of Predatory Towing,” research conducted by the American Transportation Research Institute (ATRI), the most common predatory towing practices experienced by motor carriers and insurance companies include:
- Excessive hourly or per-pound rates
- Unwarranted additional equipment or labor charges
- Excessive daily storage rates
- Vehicle release delays or access issues
- Cargo release delays
- Vehicle seizure without cause
- Tow operator misreporting nonconsensual tows as consensual
- Damage due to the use of improper towing equipment
Source: https://truckingresearch.org/2023/11/causes-and-countermeasures-of-predatory-towing/
HOW CAN I PROTECT MYSELF FROM PREDATORY TOWING?
Call Great West’s claims reporting hotline (800.228.8040) as soon as possible. In the event of a simple roadside breakdown or an accident where the tractor and trailer can be towed from the scene, Great West can help you find a reputable towing service whose rate is fair and consensual. The same goes for accidents where a tow truck cannot simply attach to the truck. This type of accident may require a recovery service, and Great West can also assist with this. Some additional tips:
- Never sign a tow bill with blank spaces for the rate. Do not let the tower fill in the rate later.
- Never sign anything unless the tow company has provided a reasonable quote.
- Keep the tow company from taking undamaged equipment or cargo away.
- If the tow is nonconsensual, ask the authorities if they will allow you to call your own tow company.
You can then call Great West for recommendations.
Call to action
- Develop an accident reporting procedure and conduct staff training on the changes.
Note: These lists are not intended to be all-inclusive.
This material is intended to be a broad overview of the subject matter and is provided for informational purposes only. Joe Morten & Son, Inc. does not provide legal advice to its insureds or other parties, nor does it advise insureds or other parties on employment-related issues, therefore the subject matter is not intended to serve as legal or employment advice for any issue(s) that may arise in the operations of its insureds or other parties. Legal advice should always be sought from legal counsel. Joe Morten & Son, Inc. shall have neither liability nor responsibility to any person or entity with respect to any loss, action, or inaction alleged to be caused directly or indirectly as a result of the information contained herein. Reprinted with permission from Great West Casualty Company.