How To Deal with Tow-truck Operators
In almost all cases, you or your insurer is liable for the towing costs of your vehicle
, says the South African Towing and Recovery Association (SATRA), not the guilty party. Signing any documentation at the scene of the accident for the towing of your vehicle could see you out as much as R6,000 for not calling your
insurance company.
More than just towing your vehicle, tow-truck operators assist with road accident victims and road authorities, as well as providing a service to your insurance company. They are, however, in business for profit and can exploit you in the unfamiliar situation you find yourself in after an accident.
"Tow-truck drivers often pressure the victim of an accident into using their service, even stating that the guilty party will cover the cost of the towing and storage of the vehicle," says spokesman for CarandHomeInsurance.co.za. "You are not obligated to use the first towing company that arrives on the scene. This is not a first come first serve business."
The National Road Traffic Act 93 of 1996 prevents anyone from moving a vehicle without the permission of the owner. For this reason tow-truck drivers will attempt to get you to sign a documenting stating that you give them permission, while also making you subject to their list of terms and conditions, including the cost of the towing.
Towing Tips for Insureds
"Before signing anything, or allowing anyone to tow your vehicle, you must contact your insurance company," says CarandHomeInsurance.co.za. "Many direct insurers make use of their own towing company or a specific service provider." Although being approved by SATRA, certain towing companies are not approved by your insurance company, which means you will be liable for the fees should you use their service. Make sure you contact your insurance company from your own phone and not the tow-truck operator's. Do not take their word that your
insurance company has given the go ahead.
If you are a member of the Automobile Association (AA), then contact them to tow your vehicle. They too only use certain towing companies.
"The towing company must take the vehicle to a panel beater that the insurance company approves. If you use a company that your insurer does not approve, and they take it to a panel beater that they do not approve, they will repudiate the claim." You will also be responsible for all the fees including storage while you fight with your insurer.
Most recovery companies provide all three services, that is towing, salvage and storage. Make sure your insurance company approves of all of these services and costs. If they only cover portions of the cost, make sure you can afford to put in the excess before signing anything.
"To protect yourself from any legal backlash," says CarandHomeInsurance.co.za, "record the name of the towing company, the driver who assisted you, taking down his number plate and landline number." Most cell phones come with voice record and photos, use these functions to record these details so no one can claim that they've been fabricated. Don't forget to remove all valuables from the vehicle. It will be nearly impossible to reclaim this.
If your insurer does not approve of the towing company, they will repudiate the claim and you will have no recourse for action. Make sure you are well aware of your rights before doing anything, and when in doubt, contact your insurer.
How To Deal with Tow-truck Operators
By: Jason Esch
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