How to deal with tow truck operators

Arrive Alive shared information on what to do when you are involved in a car accident. Here are a few tips on how to handle yourself during a crash.

Recovery of vehicles after a collision and dealing with tow truck operators

Tow truck operators provide a valuable service to motorists. They are often the first to arrive at the scene of an accident and have been known on many occasions to provide assistance and/or first aid to disorientated or injured accident victims.

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In addition, they often direct traffic and work with the authorities to clear the accident scene quickly to avoid more accidents and restore normal traffic flow.

Risks and regulating the industry

Unfortunately, some unscrupulous operators do not act reasonably, and the public has a right to protection against them. The malpractices include:

• bribing corrupt officers to ensure they are first at the scene of an accident;

• offering free cellphones to SAPS officers as an incentive to phone them before reporting an accident.

These corrupt activities could cost seriously injured people their lives. In medical terms, there is the ‘golden hour’ within which medical help by paramedics can make the difference between life and death.

• not informing the distressed motorist of all the costs involved in recovering his vehicle;
• claiming excessive recovery and storage costs;

• some operators recommend accident repair facilities, not because of the quality of the work but because they pay the operator a commission, generally a percentage of the repair cost (as high as 15-20%) for securing the job.

The South African Towing and Recovery Association (Satra) and the United Towing Association of South Africa (Utasa) have confirmed that many of these risks exist and identified the need to regulate the industry. Anybody can buy a one-ton truck, turn it into a tow truck, and start operating.

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Satra has offered to help motorists and guide them through the process, whether it is a breakdown or an accident. Motorists can call Satra 24/7 for free advice and help on 0861 0 Satra (0861 0 72872).

Advice for when your vehicle breaks down

Motorists should not be forced into making an ill-considered decision. Even though many operators might arrive at the accident scene, it is still a motorist’s decision who should help in the vehicle’s recovery.

The National Road Traffic Act 93 of 1996 stipulates in Section 61(3) that “…no person shall remove a vehicle involved in an accident, except to sufficiently allow the passage of traffic, without the permission of the owner, driver or operator of such vehicle or a person who may lawfully take possession of such vehicle”.

These suggestions will help the motorist:

• If you are an AA member, contact them to arrange the tow. The AA uses only certain towing companies that comply with a code of conduct and service levels. You also have recourse if something goes wrong.

• Only use the services of the first Satra or Utasa member to arrive at the accident scene. You have the right to choose to use a Satra or Utasa member. They are bound by a contractually enforceable code of conduct and protect you, the consumer, from being charged above market-related rates.

• If your vehicle is insured, contact your insurer or broker and ask for information on the procedure to follow. Have this available in your vehicle at all times.

• If you have insurance coverage that includes towing charges, call the emergency towing assistance number (usually on a sticker from the insurance company).

• The roadside assistance services provided by motor manufacturers and cellular service providers inevitably come at an extra cost, so if you buy a new car or cellphone contract and roadside assistance forms part of the deal, make sure you are not paying extra for it if you already have this service through someone else.

• If you use a roadside assistance product, ensure you know your rights. In almost all cases, you or your insurer will be liable for the costs of towing an accident-damaged vehicle.

• Make sure the accident-damaged vehicle gets delivered to a repairer approved by your insurer or, if you are not insured, collect your vehicle as soon as possible to prevent accruing storage charges.

• When dealing with recovery companies, always establish the amount they will charge for all aspects, including towing, salvage and storage fees. Always agree on towing charges before your vehicle is towed, or you might be in for an unpleasant surprise.

• Get as much information about the tow operator as possible before you agree to the recovery – the company’s name, driver, and registration of the tow truck, physical address and phone number (preferably not a cellphone).

• Do not sign anything. If the tow operator insists, ensure it is only an authorisation to tow the vehicle.
• Remove all valuables from the vehicle before they tow it away.

ALSO READ: What to do when involved in a hit-and-run accident

Responsibilities of the SAPS

Attendance and crime scene investigation of road crashes/accidents (CAS docket cases): Removal of vehicles by towing services.

When can the police decide not to release a vehicle to a towing company or the family of someone in a crash, and when would they release such a vehicle?

To gain clarity on this, Utasa approached the SAPS. The response agreed with Utasa’s sentiments and could help to ensure compliance and prevent possible arrests.

The SAPS is responsible for the removal of a vehicle involved in a road crash if:

• a person was killed;

• a person was seriously injured;

• the driver was arrested for driving under the influence of liquor or a drug having a narcotic effect; or
• the driver was connected with the commission of an offence.

In such circumstances, the SAPS will remove (by its approved service provider) the vehicle to a police facility for safekeeping and investigation.

If the vehicle is not required as set out above, or will, in the opinion of the police official in command of the road crash scene, not afford evidence of an offence, the vehicle may be released to:

• its owner;
• the owner’s immediate family;
• any person who may lawfully take control thereof provided that person can prove their identity and ownership of the vehicle in relation to the owner or that they may lawfully take control thereof.

If the SAPS cannot release the vehicle, they will remove it to a police safekeeping facility.

Police officials at the crash scene may not directly contact the service providers to remove the vehicle from the crash scene. The relevant radio control centre or central command centre will dispatch a contracted service provider if the vehicle needs removal to a police facility.