11/11/2024
This post is LONG WINDED but provides the information most people are not aware of and need in order to make the right choice in their time of need and confusion.
Accident towing
TMR regulate accident towing to make sure that crash sites are managed and cleared in a safe, orderly, controlled way within regulated areas in Queensland. Effective management of crash sites will lower any road safety risk to other road users, reduce emotional trauma to crash victims and protect their property.
Being involved in a traffic accident can be a traumatic and stressful experience – you need to be aware of what to do and understand your rights.
What do I do if I need a tow truck after having an accident?
First and foremost ALWAYS have an accident LICENSED
tow company look after you and your vehicle.
It is illegal for non "licensed"
tow trucks to attend accident scenes and insurance companies MAY refuse to cover the cost of towing if you use an unlicensed operator.
How do I know if a tow truck is licensed ?
ALL licensed tow trucks MUST have the trucks Lic No: displayed on both sides of the truck.
You have the right to decide who will tow your vehicle.
You may wish to contact your insurance company before you do, or sign, anything as they may be able to organise for your vehicle to be towed, however they cannot MAKE you go with any particular tow company.
You are not obliged to use any tow company they suggest or recommend,
it is STILL your choice who tows your vehicle, your insurance company CAN NOT refuse to cover you if you choose a tow company other than the one they suggest.
Don’t sign a blank or incomplete towing authority form and carefully read the form before you sign.
You do have the right to decide where your car is towed to, tow companies CAN NOT force you to go back to their holding yard.
The towing authority form must include the complete address of where the car will be towed to and fees that will be charged by the towing operator.
You may wish to decide your options when you are calmer.
Don’t rush into a decision. If you want to consider your options, you can get your car towed to your home.
However if you do, you may be required to pay the tow fee upon delivery.
If you pay on delivery to a place other than the tow operators holding yard GET A Receipt showing it has been paid in full, you can then claim the payment back from your insurer as part of your claim (but you MUST have a receipt showing paid in full to do so) be aware though, this choice may have an impact on the time frame in which your insurance company deals with your claim.
Also with this choice you may have to pay for an additional tow if your car needs a later tow from your home.
Towing operators holding yard storage fees can be costly (each company currently sets their own rate) so you should check what daily rate each tow company charges, *after the first 72hrs free storage, and whether or not there are additional charges for things like after hours access to your vehicle (to collect personal /loose items or collecting your vehicle) before you make a choice on who you sign up with.
You (or your representative) must sign the towing authority form before your vehicle is loaded & towed.
This is a written agreement between YOU and the tow truck driver / Company outlining the terms of the tow, such as delivery destination and scheduled fees being charged.
If you are injured and unable to sign, a police officer or someone acting on your behalf can sign the towing authority for you.
Note: it is illegal for a tow truck driver or assistant to force and harass you to sign a towing authority if you are unwilling or incapable of making an informed decision.
It is also illegal for a tow truck driver or assistant to prevent or hinder the delivery of medical attention.
Costs
The maximum amount a tow truck operator can charge for a ‘standard tow’ is regulated by the department.
A ‘standard tow' includes:
a tow of the vehicle, 60 minutes of working time at the scene (preparing the vehicle for towing and cleaning up the scene) and transport of the damaged vehicle from the accident to the agreed destination and 72 hours storage in the towing operators holding yard if that is the Towing Destination.
It’s your choice where your vehicle is towed to. You may choose to have your vehicle towed to your house, to a smash repairer or to the towing operator's own holding yard.
If you choose to have your car towed to a holding yard, a towing company cannot charge you storage fees for the first 72 hours. The towing company cannot charge you to view the vehicle during normal business hours.
After the initial 72 hour period, a towing company may charge a daily storage fee.
Notice of the storage fee must be presented to you in writing a minimum of 2 days before fees are charged. (This notice is/should be written on the towing authority BEFORE you sign it at the accident scene)
Also, if you have paid the fees for towing and any storage after the first 72 hours, the towing operator cannot charge you a release fee when you retrieve your vehicle from the holding yard.
You can request to collect your vehicle either personally or by your chosen method including a different tow company to the one where the vehicle is being stored.
Once ALL legitimate towing and storage fees are paid.
The tow company where your vehicle is being stored MUST deliver your vehicle to their front gate for your or your representative to collect within 4 hours of your request to collect your vehicle..
They may choose to allow entry to their yard for pick up at their discretion but they are not compelled to allow entry.
If you think at any point you have been mistreated in any way (including abuse or harrassment) when dealing with a licensed tow truck operator or driver you are able to seek advise and or assistance by contacting the TMR Tow Truck Hotline to report your concerns on 1800 681 636 and provide the department with your situations information
