Attorneys get asked this question so much it bears repeating: if (insert name of tow company here) sue (insert name of vehicle owner here) who stiffed me on my tow bill, I can make him pay my attorney’s bill right? Unfortunately, and it pains for me to have to say this, the answer is NO! The American rule provides that each party is responsible for paying its own attorney's fees, unless specific authority granted by statute or contract allows the assessment of those fees against the other party. What this means is that absent rare exception, tow companies are responsible for their own lawyer.
At the 2018 Florida Tow Show, Michael McGovern and I were pleased to present our seminar on human resources issues in the tow industry. Much of this seminar was spent discussing wage payment practices. In reflecting on the seminar, I was again reminded of the many unique features of the tow industry regarding the payment of wages to tow drivers. Many employees are paid on a commission. Most work is done “outside the office.” Many employees take trucks home at night and on the weekends. Add to this the fact that there are actual laws specific to the tow industry for the payment of overtime wages. All in all, human resources in the tow industry are complicated to say the least.