Impound Lot Freeloader is “Employee” under Worker’s Compensation Law

As a general rule, towing businesses are required by law to pay for the medical treatment and lost wages of employees who suffer work-related injuries, without regard to fault. In order to avoid potentially crippling expenses in that regard, all fifty states require companies with a certain minimum number of employees to purchase workers’ compensation insurance or be adequately self-insured. The minimum number of employees varies from state to state but, typically, the number is between three and ten. Once that threshold number of employees is met, then workers compensation insurance must be obtained by the employer.

By |2017-03-11T16:24:01-06:00February 22nd, 2017|Human Resources|0 Comments

Recovered Stolen Vehicles: Tow for Free?

No doubt, having a vehicle stolen can be a very unpleasant experience, especially if the owner of the vehicle is uninsured for theft loss. With luck, the stolen vehicle will be found undamaged by a police agency. The vehicle is then towed to the secure impound lot of the police contracted towing company. The uninsured owner is notified. Happy day! The owner hurries to the towing yard to retrieve their vehicle, but — wait — there is a $700 bill for towing and storage fees. The vehicle owner cries, “But I am the victim of the theft! I shouldn’t have to pay.”

By |2017-02-14T20:21:39-06:00February 11th, 2017|Billing & Collections|0 Comments

Confidentiality Disclaimers on Fax and E-Mail Communications

Nowadays, towing companies send a lot of e-mails and faxes. I have noticed that many of them contain automatically-inserted confidentiality disclaimers at the bottom of the communication that read something like this: The information transmitted is intended only for the person or entity to which it is addressed and may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited.

By |2017-02-10T19:17:07-06:00January 30th, 2017|Other Legal Issues|0 Comments

Legal Help for Roadside Accidents

We at TowLawyer.com are saddened when we learn about a tow truck operator getting killed or seriously injured while working on the side of the roadway. In fact, according to the chairperson of the “Wall of the Fallen” at the International Towing & Recovery Hall of Fame and Museum, every six days a tow truck operator dies in a towing-related accident. Many more tow truck drivers are severely injured.

By |2017-02-10T17:12:11-06:00January 11th, 2017|Roadside Accidents/Move-Over Laws|0 Comments

One Tow Company Gets All Police Tows: Isn’t That a Monopoly?

For as long as you can remember, the city in which your towing company is located has used only one company – not yours – for all of its police-dispatched, nonconsensual tows. Your company is equally qualified to perform police towing work – you have the equipment, experience, insurance, etc. – so you ask the police chief to start using your company on a rotating basis with the current tow company. The chief says that he is satisfied with the service he is getting and denies your request.

By |2017-02-10T19:17:25-06:00December 29th, 2016|Other Legal Issues|0 Comments

Read Your Tow Contracts: The Fine Print Can Cost You Money

In 2011, the municipal tow contract of a municipality in the Kansas City area went up for bid. This contract had stringent requirements. For example, eligible bidders had to have a tow lot which had a minimum of two (2) acres of hard based surface (i.e. asphalt or concrete) located in the municipality. Moreover, eligible bidders had to have this lot in place and ready for inspection at the time of bid, meaning a tow company could not have a lease or other real estate option contingent on winning the tow contract.

By |2017-02-10T17:00:10-06:00December 19th, 2016|Billing & Collections|0 Comments

Getting Direct Payment On Insured Total-Loss Vehicles Retained By Owners

Has this ever happened to you? You receive a call from your local police agency to respond to a single vehicle accident. Upon arrival at the scene, you see a 2008 Chevy Cavalier down in a ravine. You can immediately tell that the vehicle is a total loss; salvage worth about $200. The good news is that the vehicle owner, who is still on the scene, informs you that he has full-coverage insurance.

By |2017-02-10T19:17:58-06:00December 10th, 2016|Billing & Collections|0 Comments

Discriminating Against Non-Resident Tow Companies

It is not uncommon for tow companies to complain that a City, State, or Law Enforcement Agency is discriminating against them because the tow company is not a resident of the City, State, or Law Enforcement Agency’s jurisdiction. In fact, laws requiring a tow company to be a resident in order to perform law enforcement towing are common.

By |2017-02-10T19:18:12-06:00December 2nd, 2016|Other Legal Issues|0 Comments

Towing Bids and Minority or Women-Owned Towing Companies

Most municipal bid contracts contain something like the following: “ABC City demonstrates a continued commitment to the success of minority and women owned (MBE, WBE) businesses by promoting contracting opportunities for vendors certified DBE/WBE.”

By |2017-02-10T19:18:33-06:00November 14th, 2016|Other Legal Issues|0 Comments

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