Tow driver wrong to transport damaged bike to lot

Jun 13, 2009

Special to the Star

Q: I was in a collision in Etobicoke and my motorcycle was towed from the scene.

The police officer said he directed the tow to my friend's house nearby as I had requested before leaving in the ambulance, but the tow operator refused, saying it was "company policy" to take any vehicle involved in an accident to their lot.

When I was well enough to pick up my motorbike, I had to pay a $900 towing bill ($250 for the first tow, $300 for four days' storage, $27.50 GST, and $168 for a second tow to my house). The bill states: "Hirer has the right to direct the tow to any location of his/her choice." I chose a location and the tow driver ignored it.

Can I get any of this money reimbursed?

Rocky Liu, Etobicoke

A: Toronto lawyer Greg Chang (bcbarristers.com) replies:

The tow driver can't make the decision to take the motorcycle to their lot without the owner's express permission (see the Toronto Municipal Code, subsection 545-121).

If police directed the motorcycle to be towed to the friend's home, then that should have occurred. Towing a damaged motorcycle to a private residence is not an unreasonable request.

Despite the vehicle owner's request, the police officer, being in charge of the crash scene, has the final word on that.

The $250 charge for the first tow also needs explaining. The Toronto Municipal Code (subsection 545-103) specifies that the first tow should have cost $166 to $188, plus taxes. That's the (authorized) rate for towing a light vehicle involved in a collision in Toronto.

For a collision occurring in Toronto, remember this about tow trucks:

Once they hook up your car, you likely are responsible for their fee.

Ask for a copy of their rate card and agree on the fee to be charged before they hook up your car.

If the proposed fee is confusing, ask the police officer in charge to assist.

The tow-truck driver cannot suggest a repair shop unless you ask first.

You have the right to choose the destination for your vehicle (subject to the police officer's direction).

If this tow truck was properly directed to bring the motorcycle to the private residence but instead brought it to an impound lot, then the operator should consider refunding the reader's money.

If not, the reader may consider suing in small claims court to recover: the part of the first tow fee in excess of the allowed rate; storage costs; the second tow fee; and legal fees related to the lawsuit (likely an additional $250 to $500).

Eric Lai adds:

You also have the option of filing a complaint with the Toronto Municipal Board, which regulates tow operators within the city.

Drivers involved in a crash may normally request any tow company of their choice to take their vehicle. However, if the vehicle poses an immediate hazard to traffic, can't safely be moved aside, or the preferred tow company can't attend within a reasonable time, police may direct the auto to be removed immediately (see the Highway Traffic Act, section 170-15).

Got a beef about something?

Write to Eric Lai at wheels@thestar.ca.

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Toronto Star