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Car Towed to Lot Instead of My Home Because I Was Asleep When the Driver Arrived

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  • 10-14-2013, 12:25 AM
    shu3737
    Car Towed to Lot Instead of My Home Because I Was Asleep When the Driver Arrived
    My question involves a towing issue from the state of: Washington state

    Background:
    I recently drove onto some old train tracks at night in an industrial part of town that I am completely unfamiliar with. It damaged the tires, so I found the nearest towing sign and called. The man who came said it would be $250, which was fine. However, after pulling my car onto the concrete, he said he needed a different truck and just left. A few hours later, I moved my car to a parking lot where it would be out of the way. A few more hours later of shivering and standing in the rain, I took a taxi home, and told the tow truck operator where to take my car - my home, which is about 15 minutes away. So about five total hours later after my initial contact, another worker brought my car to my house (so I am told) - the only problem was that I had fallen asleep in my living room waiting for them. I'm a little annoyed at myself for falling asleep , but it was 7:30am when the second guy showed up at my house (according to my call log) and I hadn't slept, and I drank as much coffee as I could and it still didn't work, so I guess it is what it is. I am annoyed however that they did not assume good faith and drop the car off at my house. For some reason it is reasonable to them that they wait until the employee on the next shift is available so the first one can go home and sleep, but I'm supposed to just be perpetually awake waiting for them.

    So they didn't drop off my car, and they took it to their shop, which is about 20 minutes from my home.

    Upon talking to them again, they wanted to charge me $580, not including tax, to bring it to my house. They said it was so high because the delivery fee would be $150, they had to use a second truck, and I was asleep when the second guy came to drop it off, so there was a trip charge. I said that was way too much money. He was going to talk to his boss to see if he could lower it, but he didn't or his boss said no. I feel it is unreasonable to retroactively charge me for needing a special truck and for a delivery fee when no delivery was even made. I can not think of any industry I have worked in where we would do business like this.

    I went to the office in person, and this time it was $420 to just get it out of the lot (no home delivery). They created paperwork for it on the spot. I asked about deliveries and they said it would be $100. I confirmed that there would not be a fee if I came back the next day. At first they said there might be a fee, it just depended on what they wanted to do, but finally they said no fee after further inquiry. I asked how my bill was calculated, he said that they charge $250 an hour, but then immediately stopped talking and wouldn't even look at me if I talked to him. Based on the disparity in the prices they have given me, I believe that their pricing is arbitrary. If you will also notice, a $420 price by their own admitted pricing of $250 an hour would be difficult to arrive at.

    I left a voicemail for a Washington State Patrol officer who I was told by their customer service center works with towing, fee schedules, and might have access to what I think may be some sort of registered hourly fee schedules.

    Question: What is my best course of action at this point? And does the recently implemented HB 1625 http://apps.leg.wa.gov/documents/bil.../1625-S.PL.pdf come into play with this situation, and if so, how do I go about enforcing that?

    The fees and rules that this company has come off as completely arbitrary at best, and at worst, simply a game of seeing how much money they can get out of me. I am strongly considering taking them to small claims court. The immediate issue is whether I let my car sit there for who knows how long while I pursue legal action, or do I pay the bill - which is literally just a figure the man wrote on a notepad-like receipt - and take action later to recoup any losses? The problem with letting it sit is that it would most likely incur storage fees and whatnot. If I pay it, it will look like I consented to some sort of agreement.

    Thank you for reading, and I would appreciate any advice.
  • 10-14-2013, 12:31 AM
    Dogmatique
    Re: Arbitrary and Capricious Towing Company
    You're going to have to pay.

    (Sorry - it really is that simple)
  • 10-14-2013, 12:49 AM
    shu3737
    Re: Arbitrary and Capricious Towing Company
    Quote:

    Quoting Dogmatique
    View Post
    You're going to have to pay.

    (Sorry - it really is that simple)

    Pay what, exactly? So if they said it's $300, $400, $500, or $10,000 I would have to pay whatever they say? And that doesn't strike you as unfair or a bit arbitrary?
  • 10-14-2013, 12:51 AM
    Dogmatique
    Re: Arbitrary and Capricious Towing Company
    Unfair does not equate to illegal.

    I do understand what you're saying - I just do not believe you can fight this successfully.
  • 10-14-2013, 05:30 AM
    Disagreeable
    Re: Arbitrary and Capricious Towing Company
    It appears you received service from a Class A tow truck, who winched/dragged you from the tracks. You then incurred the expense of a Class E tow truck, required to transport your car. The truck attempted to make delivery per your request. You had not made prior payment arrangements and were not available. When you make these contracts, you pay by the hour, from point of dispatch. The fees seem totally in line and reasonable.
  • 10-14-2013, 01:25 PM
    shu3737
    Re: Arbitrary and Capricious Towing Company
    Quote:

    Quoting Disagreeable
    View Post
    It appears you received service from a Class A tow truck, who winched/dragged you from the tracks. You then incurred the expense of a Class E tow truck, required to transport your car. The truck attempted to make delivery per your request. You had not made prior payment arrangements and were not available. When you make these contracts, you pay by the hour, from point of dispatch. The fees seem totally in line and reasonable.

    Wow, it's ALMOST like you were there.

    Anyway, I paid the fee. The city of Seattle has a cap of $183 for the first hour of towing, and $130.06 for any subsequent hour for private impounds, which I am not sure this qualifies as, since my car was not reported as towed or impounded. Storage fees are a $15 max per 12-hour period, and no other fees are allowed. They did tow my car for me - it's not like they didn't perform a service. Maybe they charged me higher than market rate for the tow, but they didn't charge me for storage when they probably could have, so at the end of the day, it's petty for me to complain. Plus, when it comes down to it, they could always say they spent X hours instead of Y hours, and it would be hard to argue with.

    I guess better communication on both of our parts would have been ideal - I should have postponed the drop off, and they could have let me know it might take 5 hours while they switched shifts/operators. I also should have requested some sort of written authorization or paperwork at the beginning as well, and I would think they would want something like that on their end too... but it's their business.

    Anyway, lesson learned.

    Thank you.
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