Agent Source - Spring 2004
A publication of Great West Casualty Company
Copyright 2003, All Rights Reserved

What To Do When Your Truck Is Detained
By Philip J. Mahoney, Executive Vice President, Southern Region

Often when a truck driver is involved in an accident, the services of a wrecker are an unfortunate necessity. Most incidents are handled by reputable towing companies that operate ethically and charge reasonable fees for the actual work performed. Unfortunately, America’s truckers do not always enjoy the pleasure of dealing with such tow companies. Some wrecker and storage companies charge unreasonable and excessive fees for the use of equipment, personnel, and services. This often results in a standoff. At risk are the trucker’s equipment, the revenue it produces, cargo, and customer relationships.

There are basically two types of towing requests. The first is a consensual request; you contact the tow operator yourself, obtain a flat or hourly rate, and request the service be performed. The second type is a non-consensual request, a police agency (in the event of an accident/impound) or a private property owner (“no parking” signs on a lot, etc.) calls the wrecker to tow your truck.

It is the second type of towing transaction that generates the most complaints and confrontations. Be aware of the fact that in the event of a police call-out the tow operator may be working from a mandated “police rate” sheet that leaves them little choice in their hourly and equipment rates. Many states and municipalities have negotiated rates with local towing operators; if the tow company wishes to get police calls, they agree to charge these rates. Police rates usually cover the tow and a rate for storage.

Not every locality has rate control for their tow operators, but every state has some sort of law regarding over charging and insurance fraud. Sometimes the tow operators need a call from someone in the business that speaks their language and is aware of local or state law. Generally speaking, there are fewer controls on the towing of semi tractors and trailers in these situations than there are for automobiles. This fact, coupled with a myriad of confusing laws where they are regulated, is enough to cause a lot of companies to just pay and hope the driver learned something.

What can be done in the event you incur an unfair tow invoice, or your truck and cargo are detained due to excessive towing or storage charges? You may have several options:

1. Maintain a list of reputable towing companies located along your travel routes. Have contact names, telephone numbers, and addresses. Give the list to your drivers and dispatchers.
2. Consult with your insurance carrier and other trucking companies as they may have established relationships with reputable towing companies in the area.
3. Maintain a disposable camera in each cab to photograph tow company equipment, personnel, and the pre-tow condition of your tractor, trailer, and cargo.
4. Document whether each piece of equipment was used, how each was used, and how long such equipment and laborers were present.
5. At the time of the wrecker service, document the type of your equipment, its condition, its value, its cargo, and keep track of how long it is out of service as well as any lost cargo.
6. Train your drivers on how to implement your response plan. Make sure your drivers report all accidents immediately to your insurance company.

In the event of an unfair towing invoice:

1. Check state statutes or local laws, such as city ordinances, to determine if there are any regulations
   governing wrecker and storage charges.
2. Request a detailed itemization of the invoice including:
   - description of all wrecker equipment and its use
   - number and use of all personnel
   - how long each was present at the scene
   - hourly rates and fees for each
3. Request any documentation or photos the tow company may have regarding use of its equipment
   and/or personnel.
4. Immediately provide a written notice to the tow company that you believe its bill is unreasonable and
   demand release of all equipment and cargo.
5. Estimate what a fair invoice should be based on experience, weather, and location.
   Then send to the tow service a payment in this amount along with an itemized breakdown of how this
   figure was determined. Also, provide a written statement advising this can be accepted, and if
   additional monies are thought to be owed, the tow service can seek legal action for the disagreed
   amount. Again, the notice should also demand release of the equipment/cargo and further advise that
   any additional storage charges will not be considered. If perishable cargo is involved, the tow service
   should be put on written notice that they are being held responsible for any loss due to wrongful
   detention of the product as well as any disposal charges.
6. Contact the local Better Business Bureau to file a complaint and check for past complaints against
   the wrecker service.
7. File a complaint with the local commander of the State Patrol.
8. File a complaint with the Attorney General’s office.
9. File a complaint with the Department of Consumer Affairs.
10. Consider immediately engaging the services of an attorney, with the possibility of litigation for return
    of property and/or the recovery of damages.
11. Possible criminal remedies:
    - Depending upon the venue, you may be able to have criminal charges filed against the towing
    operation for theft, deceptive business practices, insurance fraud, or engaging in criminal activity.
    The major incentive of pursuing a criminal action is that the specter of criminal prosecution likely
    has greater effect on the towing operation than does a civil suit. News travels quickly, and if other
    towing companies learn of one of their own being prosecuted, it may have a deterrent effect on such
    practices in the future.

While initially a trucking company may be at the mercy of a towing or storage company, there are multiple remedies available to either obtain return of the vehicle or damages for unlawful possession. The key to effectively dealing with these situations is thorough preparation of your drivers and your road services support personnel.

“Safety Matters”
By John Joines, Vice President, MRO Safety Services

January 4, 2004, was a day of sweeping change within the trucking industry. On this date, the federal hours- of-service regulations underwent radical revisions after more than 60 years. While intended to reduce driver fatigue, the changes in the hours of service will have wide-ranging implications. These changes not only affect drivers but will also impact operational planning and service to shippers.

Great West Safety Services “stepped up to the plate” in terms of helping our customers prepare for the changes in the hours-of-service regulations. In short, our professionals held over 75 management training seminars for over 2,000 customer attendees across the country, as well as performing countless driver training sessions.

We have earned a reputation for being experts in our industry. Our customers have long relied upon us to help provide loss prevention solutions and regulatory expertise. After observing hours-of-service training programs from other sources and vendors, we were convinced we could provide a more effective solution. A team of Great West safety professionals developed a PowerPoint based training program and revised our venerable “making the driver’s daily log”publication. Ultimately, we evolved our training program through more than 10 versions as the regulations begin to change and as we refined the program to help our customers.

We take great pride in helping our customers maintain compliance and reduce risk in a complex and ever-changing environment. Many companies commit to a high level of customer service; we live our commitment on a daily basis.