In The Event of Car Crash and The Tow Trucks Show up, Can You Refuse Their Service?

Always wondered about this one, can you just say no and I call RAC instead?

Comments

  • +6

    Ummm. Yes? You can choose to leave your smashed car on the side of the road and come back later with your own trailer if you want.

    Ultimately, if it’s an insurance claim, you need to make sure the insurer is happy with your choice of tow truck and the vehicle destination.

    • There is no offence commited if the car is damaged, not towed to clear the busy road?

      • You need to clear the road. You need to park safely. Nominally a smashed car would not be roadworthy, therefore could be booked but I don’t imagine if it’s off the road safely and you come back ‘soon’ that it would be a problem.

        • Oh ok thanks

        • Not in my first hand situation. Read my post

  • +1

    If you are insured with the RAC then i’d be calling them at the scene and getting advice. If you mean RAC roadside assistance, they wont attend accidents.

    • What about just RAC road side assistance? Would they send the tow truck and tow it home if it can't be driven?

      • +7

        They are a breakdown service. Not a service for a free trip home for your smashed car.

      • I believe there is different accreditations between a normal tow truck and an accident tow. I'm sure RAC would have both but I believe some of the cheaper tow operators aren't allowed to tow accident damaged cars

  • You've got no contract with them so no obligation to use their services…

    • I read somewhere in the event of accident, tow trucks are dispatched automatically and road needs to be cleared in the fastest time?

      • +3

        Don’t know what they do now, but they used to scan police radio and get tips from local businesses or neighbours for a spotters fee.

      • +3

        If the vehicles aren’t obstructing the flow of traffic, they shouldn’t be removed until police have arrived. If they are obstructing the traffic and it is safe to do so, move the vehicles off to the side of the road.
        You may need a tow truck, but you aren't obligated to have your car towed by tow trucks that arrive at the scene of the accident without being called. Tow trucks can't tow a vehicle without a signed tow authority, unless they are directed by the police (the vehicle may be causing a further traffic hazard).
        Call us for a tow on 13 7202.
        https://www.racq.com.au/car/what-to-do-after-a-crash

  • +2

    Don't get it towed to their holding yard. They'll charge you a fortune in fees.

  • +1

    At one stage Victoria had Towing allocated to stop the numerous towing companies trying to sign up the tow.

    https://www.vicroads.vic.gov.au/business-and-industry/tow-tr…

    • +1

      They still have the system. Before then it was common for multiple tow trucks to show up and have a punch up over who was going to get the tow.

  • +2

    In the event of a crash you call your insurance and they organise a tow. Don't let some random take your vehicle. Only exception that I know of is for highways/motorways/tunnels/etc. There are companies that have the contract to clear these areas for everyone safety. But I believe they only take you off the busy area and dump you there until you organise your own thing. Not 100% on that one.

  • +3

    The advice provided here seems pretty reasonable. However, I would add a minor caveat.

    For many years, and in many parts of Australia there have been both close and not-so-close relationships between organised crime and tow truck operations. At times 'open warfare' has broken out between operators. (Google search: organised crime tow truck operators australia)

    Combine this with a particular 'tow truck culture', which manifests with highly decorated, pimped up, chrome plated and painted trucks, and an aggressive attitude, and I can imagine a somewhat intimidatory experience for some folks at the scene of an accident. A scene where they are already traumatised, scared, and vulnerable.

    So it's good to ask questions like the OP's in advance, and be aware of possible pitfalls.

  • +14

    You can refuse them even if your crash is causing absolute traffic chaos.

    NEVER get pressured into a rush decision who to accept. They will lie to your face and tell you anything to get you to just sign first, check the details second… stand over tactics and threats are common. But, tell them to go to hell. They are usually all bark and no bite.

    Try to calm yourself down and sit in your car or a safe location to the side of the road. Call your insurance and ask who you can use to tow your vehicle - once you know who you are able to use go with that.

    If your vehicle is causing a traffic issue, leave that for the emergency services to sort out (in WA we have main roads vehicle’s assigned for this).

    Source: In my job i come across a lot of accidents and have stopped to help at several. I’ve dealt with so many of these parasitic mongrel tow truck drivers and its like a needle in a hay stack to find an honest one.
    I’ve seen them trying to get signatures off injured people in shock and almost got into fights with them because i was trying to assist people by letting them know their rights and they don’t like that.

    The last one i helped was an old man whos car was t boned almost entirely off the road (and barely 20 cms of his rear bumper over hanging to the roadway) -those scum bags tried to make that poor old fella feel like a criminal and told him it was illegal and they had authority from the police to move it and he was legally required to sign.
    Dogs…

    Touchy subject for me… 😂

  • +2

    Of coarse you can. What they try to do is intimidate you into accepting their service. Then they tow the car back to their yard and demand $500 to release it. If your car is still in a driveable state after the accident, you can drive it back home

    • There’s a difference between drivable state and being roadworthy. Just because it can move doesn’t mean you can drive it home.

      And if you do accept the tow, they have to take it where you want them to take it. Problems can arise if there is no one to receive the vehicle at the other end though so make sure there is someone available to tell the towie where to drop it.

  • +4

    Good question OP and I was in this exact situation 2 years ago in Adelaide. My son rear ended someone on a main road. His car was crushed at the front above the bumper bar but drivable (the radiator had a pin hole split) and was asked to move it around corner to get it off the main road.
    SA Police called accident tow. When it arrived I refused it as it was a ridiculous fee to go 1km. SA Police re-attended with the same officer and threatened to fine my son instead of a caution they previously gave for inattentive driving.
    I said I would drive the vehicle home or call a tow truck of my choice after peak hour traffic. They would not have it and argued that I can't refuse a tow truck when SA Police call it.
    The tow truck driver returned and explained they pay a lot to be on the accident tow scheme hence rates are doubled/tripled. What a total crock and I was fuming. The vehicle was driveable, parked and in a side street. Could have easily drove it 1km without a pressure holding radiator. Expensive 1km tow that was not required.
    The tow truck driver said we normally have to tow them back to the holding yard (more fees per day to keep it) but as you live close and the car doesn't look too bad (and it's value is $2k) I'll do it as a favour to you.

    • Jeez that was lucky.

  • +3

    My daughter recently wrote her car off in an accident. (In Melbourne). A tow truck driver rocked up and was insisting that he had to take the car and implying that it was illegal to either leave the car there or let someone else collect it. Apparently he was extremely pushy and demanding. So my daughter asked the police officers who attended whether this was true or not. They said no, she can organise to have it collected by someone else if she wanted to. They just wanted her to move it off the roadway. So it was moved off the road and parked and we collected it on a trailer soon after.

  • +2

    If you can drive and the damage is not bad then just take the car off the road and park in a safe place. Call the insurance and your family member and they will organise a tow truck to take it to their nominated service center. Provided you have a comprehensive insurance policy.

    The tow trucks would like to put their red big sticker on driver's side as unfit to drive, so avoid them putting that sticker.

    Also, avoid signing any documents with a Tow truck unless your insurance company has agreed upon it. Because Tow truck people have all hands in gloves with car rentals, repairs and their charges will exceed the value of the car. when insurance companies refuse to settle their fees, they will send their lawyers after you as you have signed that you will pay personally in case their invoice remains unpaid by your insurance.

    In simple just ask your insurance company and they will sort out.

  • +4

    Tow truck drivers are just simply a driver who drives a tow truck. They should not be giving you legal advice and they can't police the law. They are there to offer their services so treat them as salesman with a tow truck. The only one who can fine you are the ones who is working for the government ie police. Also, unless its parked there for days, it's very unlikely for you to get a fine due to a newly broken-down car.

    • +2

      Sounds like good advice. It's also probably cheaper with a fine than paying three times the odds for a tow to somebodies bodgy yard with 500 buck fees for removal, and 50 dollars a day for storage. Plus gst.

  • Here in WA we get towies self-deploying to crashes. They are not organised by the Police or any other emergency service.

    The drivers are under NO OBLIGATION to use them and the advice is to contact your own insurance company to arrange towage if required, as the towies are extorting drivers with their fees by taking advantage of distressed drivers involved in a crash.

    We are currently awaiting legislation to outlaw the practice.

    I speak from a position of being involved in the industry, (but not a towie).

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