There are some jobs that are inherently more dangerous than others. You might not realize how dangerous being a tow truck driver really is.
KOAT recently reported on the story of a tow truck driver who was shot at by an angry car owner. Apparently, the tow truck made a legal tow.
While anyone would be upset with having their car towed, it makes no sense to fly off the handle if you were actually in the wrong. Every driver should be familiar with New Mexico towing laws.
Non-Consensual Towing
The New Mexico Department of Public Safety has created a specific set of regulations designed to cover all aspects of vehicle towing inventory. These regulations primarily pertain to non-consensual towing, which refers to when a tow company removes a vehicle from any type of driveway, alley, curb, parking space, or other type of property where the vehicle is parked illegally.
This is called non-consensual because the car owners aren’t immediately aware that their car is being towed. Non-consensual tows also pertain to abandoned vehicles, accident scenes, or any place where a car is parked in a hazardous situation. Non-consensual tows are typically authorized by local law enforcement.
A car owner who shows up to find their car is missing will call the police, and they will inform them that the car has been towed.
Towing Rates
Even though non-consensual tows are legal, predatory towing can be an issue in some situations. An unscrupulous tow truck operator might make a tow but charge exorbitant rates.
To avoid predatory practices, New Mexico law stipulates how much a tow truck company can charge for a non-consensual tow. For a Class A/B car, the charge for a first-mile hookup is $100. After that, a charge of $5 per mile can be added during working hours. After working hours, the added per-mile charge is $15. Additional charges can be added to the towing charges.
There are also standard car storage charges, with Class A/B being charged $10 per day.
On top of the towing and storing fees, you can also be cited for illegal parking and would be required to pay off those fines, as well. If your car was towed away as a result of a car accident, you might be entitled to recover these charges as part of your insurance claim.
It is important to note that these charges only apply to non-consensual tows. If you call the tow truck company to tow your car to the mechanic after it breaks down, you are subjected to whatever rate they want to charge. Before making the tow, they should inform you of all the charges in a written estimate.
Written Authorization
According to the New Mexico towing laws, a tow truck is not allowed to tow away a vehicle “without having first obtained written authorization from the owner or lessee of the property, or the owner’s or lessee’s agent. Written authorization shall include the name and signature of the owner or lessee of the property or the name and signature of the property owner’s or lessee’s agent if different, the location of the private property, the amount of time the motor vehicle has been on the property, a description of the vehicle, the date and time the towing service removed the vehicle from the property, and a statement by the owner, lessee or agent that the vehicle is illegally parked.”
Essentially, this means someone with a gripe can’t call to have a car towed away out of spite.
Before the car is towed away, the tow truck operator needs to take photos of all sides of the car to establish if there is any preexisting damage. If the car is damaged in transit or storage, you are entitled to seek reimbursement for any repairs.
Additionally, if you are unable to immediately remove your car from the storage facility, you should be allowed to retrieve your personal items. The daily storage fees will continue to accumulate.
If you suspect that your car was illegally towed, you may be within your rights to pursue a remedy. The attorneys at the Barrera Law Group LLC can address your concerns and answer any questions about the best way forward for your next move.