Would this be considered illegal towing practice

Discussion in 'Trucking Industry Regulations' started by kenwortht660, Aug 2, 2011.

  1. kenwortht660

    kenwortht660 Bobtail Member

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    My driver had stupidly went under a low bridge in Rhode Island.

    There was nothing wrong with the truck. Just minor scratch on the top of the wind fairing. No big deal. It's drive-able.

    The container was loaded and was damage. There's products inside but only some was damaged. The front of my container opened up.

    The tow truck company came and told my driver that he was going to tow our truck too. My driver asked why and his response was "I am holding everything to make sure that I get paid!".

    He was in contact with our insurance company at the time and insurance was going to pay for everything.

    In my opinion, the tow truck company was trying to get money for both tows. The still have the load.

    As such, my driver had to stay at a hotel for about a week on company's expense. On top of that, because the truck was being held, we lost about one week's work of business.


    My questions is can we sue the tow truck company for this practice? I could understand that they can tow the container with the product inside but to hold our truck hostage and causing us to lose more business is another issue.

    TIA
     
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  3. Bigray

    Bigray Road Train Member

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    if that had been my truck i would have just drove it away, the container being held in lieu of payment, understandable.
     
  4. otherhalftw

    otherhalftw R.I.P.

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    You would need to contact a RI attorney to get a "legal" response on any suit involving a RI company.
     
  5. lovesthedrive

    lovesthedrive R.I.P.

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    I seem to remember something about it being illegal to retain freight for payment. You should have had the right to offload the trailer to a rental.
     
  6. 123456

    123456 Road Train Member

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    A crooked tow truck driver ????

    I never......
     
  7. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    If the Police called for the tow, the tow company has a "police contract", which means they tow any vehicle regardless of condition. They cannot cherry pick/choose which vehicles they tow. So, the Cops need to tow an abandoned junker off a public street, too bad for said tow company. They will not get their tow charges and will have to settle for scrap fees VIA a lien sale. Your driver should have dropped the trailer, which was plenty valuable to cover the tow fee.
     
  8. kajidono

    kajidono Road Train Member

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    They basically stole your truck. The cops are the only ones who could say "We're having that vehicle towed." Some random guy walking up to you and saying he's going to tow it makes no sense.

    He can't hold a #### thing that he doesn't have. He'd have to tow it first to have it. Since he hadn't yet towed anything, he had no right to any of it, or payment for it. I would have run him off and had another company recover the trailer. Nobody just takes my truck from me other than the owner of the truck.
     
  9. Onetruckpony

    Onetruckpony Medium Load Member

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    Did Heavy Duty Towing for awhile and we did have the right to take the vehicle if not paid when done.
    We took them loaded or empty if the company or insurance did not settle when we were done with whatever recovery we had to do.
    The insurance company should have made arangements to pay it, or you could have covered it and got it back from them.
    With companies being from other states it gets complicated trying to collect so the law allows it.
    If it was an accident there was most likely a cop right there who would not have let it happen if it were not legal.
    Many Drivers got irate when told I needed payment or to take the truck, the officer usually handled that arguement and explained it.
    If the load is perishable (ie reefer) we were to keep fuel in it to be sure it stayed running. Dry loads only required safe storage until released.
    Even when going to a shop, if we did not know the company or bill it to the shop we would take it to the yard unless paid before dropping it.
     
  10. wis bang

    wis bang Road Train Member

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    And charge storage for each unit until the insurance company finally pays! We have ransomed the units & freight to get the freight delivered.
     
  11. crzyjarmans

    crzyjarmans Road Train Member

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    Im not a lawer, but dont think he can legally take your truck if its road worthy, unless you want them to, to be fooled, call a different tow company
     
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