Your rights when being towed

[Swindog]

Something i couldnt find on here -

When i was working in Auckland over the last year and half we had a job site down the Quays...its still there. I would commonly see people getting towed and about to be towed and then handing over money.

NOTE - you dont have to pay on the spot.

Read the below and remember if you get in a jam with a towie -

What happens if I arrive back as my car is being hooked up to the tow truck?

After considering a case in which a car was towed away from a parking lot with the owner still in it, the High Court ruled that distress damage feasant does not apply where the owner of the car has possession. This is based on the principle that there is a risk of breach of the peace attached to exercising distress damage feasant in the presence of the owner.

So if you get into your car, effectively gaining possession and control of it, a tow truck driver must release it.

However, most tow truck operators will attempt to charge you a call-out fee if they have already broken into your car in order to hook it up. You do not have to pay.

If there are no warning signs, can my car still be towed?

Yes. There is no legal requirement for private property owners to display a warning that cars will be towed if parked illegally, or to provide contact details for the tow operator. The AA and others have long been campaigning to improve the law in this area. We support the campaign.

While the AA accepts the need for tow trucks to ensure that private parks are only used by those authorised to do so, former director of public affairs, George Fairbairn says, "Our concern is that notice on private property is often not clear or well sited and this causes a problem."

If my car was damaged while being towed, can I do anything about it?

Tow truck drivers can break into a car to release the handbrake, provided they are not entering with illegal intent. Tow operators must take "all reasonable precautions" to prevent loss from or damage to any vehicle being towed.

If your car is damaged or property lost complain to the tow operator directly. They are required to keep a single register of written complaints which must be available for inspection by any traffic warden or police officer. Remember to copy any complaint you make to the landowner.

Let your insurance company know what has happened. They will make a claim against the tow company\'s insurer.

If you are not insured or do not want to claim against your insurance, you will need to get the damage to your car assessed by a panel beater yourself. Once you know what the cost of repair is going to be, ask the tow company to compensate you. If it refuses, file a claim in the Disputes Tribunal.

Theres also more info here http://www.consumeraffairs.govt.nz/for-consumers/services/carpark-fines-towing-and-clamping on the towing and clamping

And yes, even if you have your dog in the car, they can still, legally, tow it.

If its being towed from PUBLIC PROPERTY -

Do the same distress damage feasant rules apply on public land?

No. Only a police officer or traffic warden has the power to authorise the removal of any car obstructing a road or vehicle entrance, or causing some other traffic problem. This includes the removal of cars parked on fire hydrants, footpaths or yellow lines.

So again, you can ask to see the tow authority in this instance and they are liable if its unauthorised.

Power to the people!

[boon]

I had a towie throw a huge wobbly at me when he was busily trying to charge some guy $200 to put his car down and the guy only had $100. I walked up and told the guy to get in the car and ask the towie to put it down, which promptly got me shouted at by the towie to mind my own f*cking business etc etc etc.

Guy ended up paying his $100, got the car back, towie then came and threatened to tow my car, parked on a public road, to which I politely suggested a vehicle theft conviction would probably go nicely with the others he no doubt has. More swearing, and I don\'t park around there much any more, haha.

[tebbyj]

This being a Subaru forum i always wondered what happens when a tow truck tows you car incorrectly. A AWD Subaru must be towed with either all four wheels on the ground or all of the wheels off the ground to prevent damage to the center diff.

From the manual:

"CAUTION: Do not tow a vehicle with front or rear wheels on dolly or flat-bed truck. This may degrade viscous coupling..."

Ie: You may need a new diff.

Could you claim for this from the tow company if you have proof they towed incorrectly?

[tydon]

very useful information !

[Joker]

 tebbyj said:

This being a Subaru forum i always wondered what happens when a tow truck tows you car incorrectly. A AWD Subaru must be towed with either all four wheels on the ground or all of the wheels off the ground to prevent damage to the center diff.

From the manual:

"CAUTION: Do not tow a vehicle with front or rear wheels on dolly or flat-bed truck. This may degrade viscous coupling..."

Ie: You may need a new diff.

Could you claim for this from the tow company if you have proof they towed incorrectly?

there was a pic of a well know Skyline being towed WRONG ie only the front was off the ground : also AWD was heart braking

[Swindog]

Accord to the \'Tort Law\' you can claim.

Tort Law -

www.conference.co.nz/files/docs/1430%20rosemary%20tobin.pdf‎

Page 4 of the above PDF should explain easily what it amounts to with towing.

If they havent towed your car correctly and you can show them, ie in the cars manual then theres bound to be damage. If you have insurance i would advise contacting them in the first instance. Any good insurance company will battle for you, especially if it means youll have to claim after the fact anyway.

In its basic form Tort Law is physical damage to property.

http://keepingitlegal.net.nz/learn-more/torts-criminal-offences/

Torts generally

What is a “tort” (or “civil wrong”)?

A tort, or civil wrong, is where a person (or organisation) causes injury or damage (whether physical or monetary) to another person (or organisation), in breach of one of the legal duties that private citizens owe each other. The remedy is usually monetary compensation.

Organisations need to take care, for example, that they do not cause damage or injury to another person or their property (the tort of Negligence); another person’s land (private Nuisance); their reputation (Defamation); or their intellectual property rights (Passing off). Those torts are explained below.

The law of torts is separate from the criminal law. A tort is also different from a breach of contract, which is another key area of civil (as opposed to criminal) liability. A breach of contract is a breach of a duty created by a private agreement between named parties, rather than, as is the case with torts, a duty created by law and applying to all other citizens.

Types of damages available

Usually the amount of money awarded in damages for a tort is the amount required to put the plaintiff (the person who has been wronged) in the same position he or she would have been in had the wrongful act or omission not happened. These are called “compensatory damages”.

Sometimes the Court will award “exemplary” (or “punitive”) damages. These are over and above the amount required to compensate the plaintiff, and are intended to punish the defendant.

If both the plaintiff and the defendant were at fault, the Court will reduce the damages recoverable from the defendant to reflect the plaintiff’s share in the responsibility for the damage.

View glossary | View Resources | Return to top

Negligence

The key elements of negligence

Negligence is the failure to exercise reasonable care to avoid reasonably foreseeable damage to people or property. There are four elements:

The defendant must owe the plaintiff a duty of care.

The defendant must have breached this duty of care.

The plaintiff must have suffered damage that was caused by the defendant’s breach of duty.

The damage suffered must have been a reasonably foreseeable consequence.

Breaching the duty of care

In a negligence case, the test for whether the defendant breached a duty of care is whether the defendant did something or failed to do something that a “reasonable person” would not have done or omitted to do.

The degree of care required depends on the circumstances. It varies according to the degree of risk involved, the consequences of the breach, and the standard of care that the defendant has undertaken to exercise

[Timmah]

Can a Mod please sticky this? This is great information for the likes of me who doesn\'t know all my rights in situations. Thanks Swindog! :-*

[Swindog]

Its quite funny when you read auckland towings web site. They say \'once the car is \'hooked\' the towing is complete and your liable for the fees\' but common law differs to that.

They also state \' if you cannot pay your fee (once in the yard) they are entitled to hang onto the vehicle and sell it to recoup costs\' this is also incorrect according to common law. They cannot sell it at all. You will be liable for storage costs and other fees if its a lawful tow but they cannot by any means sell it from under you.

Consumer website states -

If I can\'t afford the tow fee, can they sell my car?

No. Cars towed from private land can be held until the fee is paid but cannot be sold without further legal action being taken.

Its actually quite strict what towies can and cannot do. They are not a law unto themselves although Auckland Towings website makes out like that.

They must carry correct i.d on themselves and on the truck AND the biggie...a tow authority to tow your vehicle which you can ask for.

Ie. A vehicle can\'t be towed unless the tow authority is signed by driver or vehicle owner, an enforcement officer, the landowner or the person who requested the tow. If this is not possible the tow truck driver must record the details of the person who requested the tow. The reason why the vehicle is being towed must be specified.

So failing anything else just wind up the driver -

A tow truck driver must behave in an orderly and civil manner at all times while engaged in the operation of a vehicle recovery service. A breach of this rule can result in an individual being fined up to $2000 if convicted or a firm up to $10,000 if convicted.

[MercuryFree]

 Swindog said:

In its basic form Tort Law is physical damage to property.

Edit: lol you edited your post while I wrote this fffuuu

As an aside, to stop anyone getting the wrong idea memorized, \'torts\' are a class of \'wrongs\' committed and there\'s about a hundred of them and a lot of them have nothing to do with physical damage.

Most times when there is legal action taken by individuals it relates to specific torts, as opposed to \'crimes\' which are actioned on by police in nz.

Potentially in the example of a car being towed incorrectly, they\'d be liable under the tort of negligence as the duty of care owed by a tow driver would be deemed to be higher than that of an average joe as they are towing \'professionals\'

/using my degree for something, woo!

[Swindog]

Haha. Quite correct i was trying to think of a way to explain it simpler than I did.

[johnny5]

interesting will remember this for when it happens to me......but have had someone try to tow my car once I told him to bother off which he did promptly after he turned around and saw me and my brother couldnt get away fast enough

[Divine]

I just throw the space saver on, and pay $14 to get new government rego plates, so if they pay to get the owner details it just says "plate not in use"

Although my RSB was clamped on both back wheels when I parked at a carpark, walked into a restaurant, it was full so I walked out and bam, car clamped.