How to Properly Calculate Damages for a Downtime Claim

As we have written about in this blog, downtime claims, which are claims for that time when your tow truck is down and not generating income, are tough and insurance companies often fight them tooth and nail. For this reason, before you retain an attorney to prosecute such a claim and spend even more money, it is best to know what you are getting yourself into.

By |2018-06-01T13:19:58+00:00June 1st, 2018|Billing & Collections|0 Comments

Gotta Pay to Play: the “American Rule” on Attorney’s Fees

There’s an economic reality to hiring an attorney to collect a tow bill. No matter what you might have heard, here’s the truth: if you hire a lawyer, absent some exception, you have to pay your attorney’s fees. You can’t make the losing side in a lawsuit pay your attorney’s bill.  It’s your responsibility.

By |2017-08-31T16:00:07+00:00August 31st, 2017|Billing & Collections|0 Comments

Suing to Collect a Tow Bill

At TowLawyer, the most common legal issues we see are collections issues. Tower’s getting stiffed on tow bills are a real problem from coast to coast. With the costs of equipment, employees, insurance, etc. rising every day, collecting on every tow bill that is “collectable” is absolutely vital. Here are a few tips.

By |2017-08-10T11:40:10+00:00August 10th, 2017|Billing & Collections|0 Comments

An Introduction to Replevin

I had a client tell me an all too familiar story the other day. His tow company was in a dispute with a trucking company over the amount of the bill. While the dispute raged on, the tow company continued to hold the truck, trailer, and cargo. One day when push finally came to shove, the tow company received a letter from a fancy downtown law firm threatening to sue the tow company for replevin and other causes of action if the tow company did not release the truck, etc. while the dispute over the bill continued.

Mass. Appeals Court Says Vehicle Recovery Fees Not Payable Under Liability-Only Insurance

On March 27, in the case of Big Wheel Truck Sales v. Safety Insurance Company, Case #16-P- 318, the Massachusetts Court of Appeals held that the removal of a vehicle from the site of a single-vehicle crash, without more, does not constitute a repair, or “remediation,” of the property on which the crash occurred and, therefore, is not payable under a policy of liability insurance issued on the wrecked vehicle.

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+00:00February 11th, 2017|Billing & Collections|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+00:00December 19th, 2016|Billing & Collections|0 Comments