Know Your Tow Truck Rights
Know your rights so that you can protect yourself next time you're in need of a tow.
For many years, tow trucks were regulated by local bylaws alone. In 2017, the Ontario government introduced new laws to help protect consumers.
Wondering what we’re talking about? That’s not surprising. According to a poll conducted by Ipsos on behalf of CAA, almost half of Ontarians aren’t aware of new towing industry regulations implemented in 2017.
While the majority of tow truck operators are honest professionals, it’s important for consumers to know their rights in case they ever need a tow.
What are my rights when getting a tow?
One of the biggest concerns among drivers is being overcharged or receiving misleading information about what their insurance will or won’t cover.
To help Ontario drivers, CAA published a Towing Bill of Rights as a quick reference guide for motorists. Here are the basics you need to know:
- You have the right to determine who tows your vehicle unless otherwise directed by police
- You must sign a permission form before a tow truck begins towing unless you hold an auto club membership
- You must receive an itemized invoice from the towing company before providing payment
- Your towing company cannot request more than 10% above the originally quoted price
- You can pay by credit card if you wish
- You have the right to access the personal items in your vehicle during business hours at the facility where it’s stored
- Your tow truck operator must inform you where they’ll be taking your vehicle
- Your tow truck operator must disclose if they’re receiving a referral fee from the towing facility or repair shop they take your car to
What’s "chasing" in the tow truck industry?Tow truck operators often come to the rescue of people in stressful situations. But just like every profession, there are a few unscrupulous individuals who take advantage of consumers in a vulnerable situation.
Chasers in the tow truck industry race to car crash scenes to win business from motorists. In some cases, they convince motorists that a perfectly drivable car must be towed.
Most cities have laws forbidding tow trucks from parking within a few hundred metres of a collision. In some cases, it’s illegal for a tow truck driver to approach a motorist at the scene of a crash unless they’ve been called by one of the drivers or the police.
One tactic that consumers should be aware of is the work order bait and switch. A motorist is asked to sign standard forms only to later realize they’re signing papers that approve a work order. Their car is towed to a shop and held hostage until they pay for the services they don’t remember authorizing. And if they can’t pay, or their insurer refuses to pay, the repair shop can sell their vehicle under the Repair and Storage Liens Act.
Does my insurance cover all towing and repair costs?You may be wondering, who picks up the tab of towing my car after a collision?
Well, if you’re at fault, and you’ve only opted for basic insurance, it’s all on you.
If you opted for extended coverage, like collision coverage, your insurance will cover you even if you’re at fault. (But keep in mind: Collision coverage doesn’t cover objects hitting you like a tree falling on your car!)
Be sure to carefully review your insurance policy and speak to your insurance provider if you’re uncertain about terms and conditions as your insurer may have a list of approved repair shops. In other words, if your tow truck operator refers you to a repair shop that’s not on the list, you’re looking at a massive bill that must be paid out of pocket.
If you’re not covered by your insurance company, but you’re a member of a roadside assistance program, check with them as well.