Down time claims are hard for a number of reasons. The first reason is that the tow company might be a financial pickle because one of its truck is out of service. After all, a tow truck is a tow company’s principal revenue source. The second reason down time claims are hard is because insurance companies often fight paying a down time claim tooth and nail. This means that the road to recovery is a long one at a time when tow companies could really use the money.
Tow companies are often to quick to complain about unjust tow rotation policies. But when the agency retaliates against the complaining tow company for making the complaints, the speech of the tow company may be constitutionally protected by the First Amendment of the United States Constitution.
Towing is a competitive business. Every revenue source counts. Many tow companies seek to increase their bottom line by serving on tow rotations. Sometimes, “getting on” a tow rotation is easy. Other times, a tow company might struggle. In situations like these, I’ve seen many a tow company pay a hefty penny to a lawyer for an answer to the following question: “The Sheriff/Chief/Captain won’t let me on the rotation. Don’t I have a right to join?” The answer is likely no unless, of course, you have something to “point to.”
