Motorist vs tow truck driver – what are your rights

There have been various incidents reported where motorists who were involved in an accident feel they have been treated unfairly by the tow truck drivers who were at the scene.

Some of the readers on the Addie’s Facebook page told their story:

• Chantal Baker: “I was in a accident with my children and husband in 2014. I had to sign my car off to tow truck company because we had no money at that stage to pay them.

“After the accident I wanted to see the car and it disappeared just like that, no car anywhere.

“I am still mad about this.”

• Kate Mwelase: “My neighbour was in an accident and I think whatever happened there was very unfair.

“The paramedic who assisted him called a breakdown truck and while he was whisked into the ambulance, he was asked to sign a document which he thought was for being taken to hospital, only to discover the following day that it was for towing his car.

“His car was towed to the ‘yard’ in Geduld and he was asked to pay R8 000 plus in order for him to get his car back.

“If he does not give direction within three days they will confiscate his car and he was offered R1 000.

“To my surprise the car was not a total write off, it could still start as it was only the bonnet, windscreen and two right wheels that were damaged.

“I was just shocked that they offered him R1 000 for the car if he does not take action within three days.

“Also surprising was that he was never taken to hospital but to his house.

“Now that seems quite dodgy to me.”

The Addie approached the AA to find out what motorists’ legal rights are when it comes to towing.

Bottom line is, a vehicle cannot be towed without the motorist’s consent, except:

• When police officers authorise the vehicle to be towed from the scene if the motorist is unable or absent and if the officer deems it necessary.

• When the motorist has given his/her consent for the vehicle to be towed away.

In these cases, the motorist will be liable for the cost of having the vehicle towed.

If the motorist is unconscious and police officers at the scene have not given instructions to have the vehicle towed, a case of theft can be opened at the police station.

If, in any situation, a motorist’s vehicle was towed without his/her consent, they have two options:

• Open a case of theft at the police station and sue the responsible company, or

• Pay the towing company the quoted amount to receive the vehicle and follow the legal process from there.

In both instances, the motorist will need proof that they did not give consent.