Drivers ‘love’ new law that’s a ‘death sentence’ for excessive towing company fines & want it to come to their state
DRIVERS have embraced a new state law that’s dealt a death blow to excessive towing company fines.
And motorists throughout the US are pushing for a similar tough stance in their state.
GettyA new law is designed to protect consumers from having to pay overblown fees to exploitative towing firms[/caption]
GettyThe protective bill has passed the state House of Representatives in Delaware[/caption]
The law was approved by House representatives in Delaware on Tuesday.
It protects hundreds of thousands of drivers in the state.
A maximum total towing and storage rate of $500 has been imposed.
And news of the scheme has already got the thumbs-up from other drivers.
“Would LOVE to see this in St. Louis,” said one person on Facebook.
Back in April, when the bill was still in the proposal phase, one man described it as a “sad” necessity.
“It is sad another law is needed for the common sense things outlined but sounds like it is needed,” the Dover, Delaware, resident said on Facebook.
“We do use tow companies for accidents.
“I think it is great you are exposing what is going on and have a legislator (s) listening to the concerns enough to propose a bill.”
However, there was some debate about the impact the $500 cap could have on towing firms, reported Delaware Online.
PREDATORY
But its passing means that consumers won’t have to pay eye-watering fees to exploitative towing companies.
“House Bill 351 is aimed at cracking down on predatory practices from towing companies,” said House Democrat Ed Osienski, who sponsored the bill.
“This legislation excludes law enforcement tows,” Osienski added.
“The $500 cap is for non-consensual tows, so…an accident or unpaid parking tickets or abandoned vehicles are not captured in this legislation.”
DEATH SENTENCE
But, House Republican representative Richard Collins warned during debates that he was concerned the price cap failed to take inflation into account.
“This is really kind of a death sentence for some companies,” he said.
“I know we want to help people, but people have jobs at these places.”
The current law in Wilmington allows officers to tow vehicles with over $200 in unpaid fines, while the new law raises the minimum to $500.
But the change means that tow companies and storage facilities must publicly display their rates.
Towing and storage rates must also be reasonable.
And reasonableness has to be calculated in relation to the fees imposed by firms for consensual towing and storage, or based on average rates in the county.
ACCESSIBLE TO DRIVERS
“Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal,” the bill states.
“The drop fee may not be more than 50% of the tow fee.
“Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours.
What to do if your car is towed
Wrongfully or not, retrieving a towed vehicle can be a hassle.
If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are a few steps to take to get it back.
Steps to take when your car is towed:
Try to figure out why your car was towed. Did you not see a posted “No Parking” sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.
If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:
Be prompt – many states have a small window of time where it’s acceptable to file a complaint against a company that wrongfully towed the vehicle.
Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
Get familiar with your local laws, as laws for towing companies vary per state.
Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.
Source: Oregon Department of Justice, National General, Rak Law Firm
“Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage.
“Tow companies and storage facilities must accept credit cards.”
They are also liable for property damage sustained due to a non-consensual tow or storage.
Plus, tow firms are banned from patrolling for illegally parked cars.
Violations will be enforceable by the Consumer Protection Unit of the State Department of Justice.
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