information please re car accicdent

bob 351 · 08-05-2008, 06:28 PM

hi guy's wondering if someone can give me some advice last night my daughter had a car accident and she was taken to the hospital any way the problem is the cops and tow truck driver removed the car without my daughter's consent then was told today she had to fork over $440 dollar's she singed no paper work is what the cop's done and the towtruckdriver legal are they allowed to remove the car like that or as far as i am concerned that is theft any how any help or advice appreciated

Yellow_Festiva · 08-05-2008, 06:35 PM

Geeze thats a bit harsh. Was the car left in the middle of the rd when your daughter was taken away? Was it parked out of the way by someone after the accident? hmmm was the car parked illegally? Was the car damaged in such a way that would pose a danger to pedestrians?

These are just the first questions that came to mind. Im not a cop or a legal eagle, but others here with more knowledge in these matters would need as much detail as possible.

Hope your daughter is ok as well.

[dave] · 08-05-2008, 06:39 PM

its only money.

as longs as ur daughter is alright nothing else should matter

Yaw · 08-05-2008, 07:04 PM

One way or another the car had to be recovered. There is not enough info for why 440 is the amount.
However each state has a towing act.
I know for fact in QLD the 1st accident tow is regulated at $244.50, but if more than 1 tow truck was required for the removal of the vehicle it may in fact be $440. The police can direct a car to be moved to a safe location in the event the driver is unable to make that descion. They may also for reasons of thier investgation impound the vehicle for a mechanical inspection, and the owner is liable for towing and storage.
If your daughter has comprehnsive insurance, usually towing costs are covered.

InfernoSR · 08-05-2008, 07:15 PM

What happened anyway? was it drivable afterwards?

The G6ET Spot · 08-05-2008, 07:29 PM

The cost of the tow will be covered by the insurance.

That is assuming that the car is insured

ZA-289 · 08-05-2008, 07:36 PM

Yes they can take your car, and generally they slog you and arm and a leg for it, but yes, If insured you will be covered.

olfella · 08-05-2008, 07:37 PM

I was under the impression that the police had a duty of care to ensure the safety/security of the vehicle if the driver was incapacitated (like in a DUI). Therefore, how they choose to do this would be up to them. So, if they authorised its removal to a locked yard (panel beaters) then they should foot the bill for that. On the other side, say if you were insured by the NRMA and they took the car to a non NRMA repairer, then the NRMA may pay to transfer it from there. So I do not see it as her responsibility.

Another situation could be if the car was undrivable, and she was still around, then she could opt to give you a call to make any arangements that you both liked. This way they have taken that choice away

Would like to know the outcome so keep us updated.
Cheers - Eric

devilcv8 · 08-05-2008, 08:18 PM

I went through the same situation a few years back when some mungrel stole my LJ GTR torana, smashed it through a roundabout while drunk, attacked the cops who arrived on scene etc. The cops signed the tow authority (NSW) and it was towed to a storage yard. This is where the real fun started, but fortunately for me everything was documented.
The tow company claimed for recovery and every km of the tow. they put down times that matched what they claimed. I contacted the tow truck authority and found out what they could charge, contacted the police and got the details on times they were called, time they arrived and time they took to recover the car, plus how the car was situated. The times the cops gave, plus the fact I arrived at the storage yard just after they dropped the car off all of which didn't match the times listed on what the towing mob claimed ended up reducing the $300 odd tow charge to just over $100 (don't have exact figures).
I then lodged a complaint about overcharging, and the icing on the cake was the driver was not licensed to operate as a tow truck driver. I believe Goddards were hauled over the coals.

bob 351 · 08-05-2008, 08:30 PM

ok guy's thanks for all the concern my daughter and her kid's are fine
the car ius a write off the cop's moved it because it was in the middle of the rd and they where directing traffic around it so in defence of mr plod he was doing her a favour but still just a bit annoyed at the cost of a 1 k trip on the back of the towtruck i am going to have a look at it tommorrow and more than likely get it out of the tow yard and strip it out so watch out more eb part's for sale

oh buy the way the silly girl was not insured

Yaw · 08-05-2008, 10:07 PM

Quote:

Originally Posted by bob 351

ok guy's thanks for all the concern my daughter and her kid's are fine
strip it out so watch out more eb part's for sale

oh buy the way the silly girl was not insured

Mate, if its a write off talk to the holding yard/towing company, quite often they will settle the bill if you sign the car over to them.
Just a thought an eb is not worth that much and it saves you the drama of wrecking it yourself.

bob 351 · 08-05-2008, 10:11 PM

Quote:

Originally Posted by Yaw

Mate, if its a write off talk to the holding yard/towing company, quite often they will settle the bill if you sign the car over to them.
Just a thought an eb is not worth that much and it saves you the drama of wrecking it yourself.

yeah sound's like a good idea apart from th fact that it's got a set of xr 6 tickford mag's on it also a bootspoiler a top end cd player it's worth more to wreck out i think

OLDFORDNUT · 08-05-2008, 10:12 PM

its a normal state of affairs, just shy of $300 in QLD, if cops get your car towed from a crash scene, same towing distance from same tow truck to move your car from your house to another place would only be about $50-$70 ,but accident scene they set an average for the roster of $250 -$280(not sure on exact cost) as they have to often hook up in difficult area and clean broken glass and plastic up and it could be 4am ,im damn sure i would not want to get out of bed to do a tow for $50 or so.

[Tonko] · 08-05-2008, 10:43 PM

Quote:

Originally Posted by bob 351

yeah sound's like a good idea apart from th fact that it's got a set of xr 6 tickford mag's on it also a bootspoiler a top end cd player it's worth more to wreck out i think

They might charge you storage fees as well, better hop to it just incase!

O/T:
I'll take the spoiler if its a bootlip one ;)

**Sorted** · 08-05-2008, 10:51 PM

I had an accident where I was rear ended whilst I was waiting to turn right inot my mates driveway.

Cops came, they called two tow trucks, I told them I did not need one as I will just drive it into my mates driveway, the batt died so I couldnt start it but it was off the road and if we jumped started it we could of got it across the road to my mates house.

Cops said bad luck they have already called a Tow Truck, I said well they wont be towing it far and then they said its going to be $200 if they tow it 10 meters of 10klms GRRRRRRRRRRR

Also said if i drive my car they would book me for driving an un-roadworthy car as it had no working tail lights (they were smashed)

GT-E · 08-05-2008, 10:54 PM

If you tell them the car is not insured and owned by a poor mum (put a sob story on) they should reduce it. $440 is a bit rich for a short distance, but the insurance companies usually just pay the bill.

gtfpv · 08-05-2008, 11:16 PM

she should pay the cost no questions asked . being uninsured is the most irrisponsible thing people do on the roads. bad for everybody. glad she is ok .
tell her to stay off the roads from now on, or drive an insured car.
my wife is going to visit her parents in queensland ver the weekend . with our kids to see her parents . her parents are commited christians . and believe they dont need insurance because GOD will look after them .
my advice to her was to rent a car , and not drive her fathers car around while she is up there .
i know i've gone off topic . but the main thing is your daughter and her kids are ok . thats the most important thing . tell her to pay the bill. and any other debts she accrues as a result of the accident . she may have ruined someone elses life , by being uninsured . it is serious .

Donny · 10-05-2008, 08:33 PM

Was she in the wrong and or did she cause the accident?

If she was the victim of it all, then hopefully someone knows the details of the party that caused this crash, and that party has insurance. You can then claim the tow fees against their policy.

If she caused it an has no insurance at all, she will also be legally liable for all the damage she has caused too.

Even the basic third party property insurance (not CTP) should be law. This would then protect property in addition to the CTP protection of people.

Hope she and her kids are all ok Bob. This is a hard way to learn that even basic insurance can be worthwhile.

devilcv8 · 10-05-2008, 10:30 PM

$440 seems a bit rich...

http://www.vicroads.vic.gov.au/Home/...uBeCharged.htm

Get the bill itemised. Guarantee you they are ripping you off.

mustang70 · 11-05-2008, 01:07 AM

sorry havent read all responses so may have been covered but if she's uninsured and its at a holding yard try get it out of there,i've been charged by the day for the same thing.

FGII-XR6 · 11-05-2008, 01:42 AM

corrupt cops at their worst they were getting a kick back from the towtruck. booking you as they said wouldn't hold up if you were only moving the car off the road into a driveway after an accident. they were just trying to make sure their sling was going to be paid by threatening you. you should have reported them to their superior .

Quote:

Originally Posted by Sorted

I had an accident where I was rear ended whilst I was waiting to turn right inot my mates driveway.

Cops came, they called two tow trucks, I told them I did not need one as I will just drive it into my mates driveway, the batt died so I couldnt start it but it was off the road and if we jumped started it we could of got it across the road to my mates house.

Cops said bad luck they have already called a Tow Truck, I said well they wont be towing it far and then they said its going to be $200 if they tow it 10 meters of 10klms GRRRRRRRRRRR

Also said if i drive my car they would book me for driving an un-roadworthy car as it had no working tail lights (they were smashed)