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3) $400 does sound high. But it's likely within the contracted range of charges per the city. Best to call the city and find out what the contracted rates are for their tow services.
You're not a party to the contract, so the contract doesn't matter. They can charge you the reasonable cost of towing. Half-day's rent for 100 square feet is less than a dollar, so storage charge should basically be zero.
Oh yeah -- what are the odds a jury agrees that $400 is reasonable?
As an attorney I can tell you more money is made by lawyers "for the principle of the thing" than for any other reason....
At my last consultation with a new client, the client's boyfriend started talking about how it was personal. I said that when lawyers hear "it's personal" or "it's a matter of principle", they start seeing dollar signs. It was a probate case, so I threw in a reference to Dickens's "Bleak House" for good measure. Didn't seem to matter to them.
You're not a party to the contract, so the contract doesn't matter. They can charge you the reasonable cost of towing. Half-day's rent for 100 square feet is less than a dollar, so storage charge should basically be zero.
Oh yeah -- what are the odds a jury agrees that $400 is reasonable?
In my city, the contract towing companies have to agree to a rate structure approved by the city council. They can't charge above the agreed upon rate, if a city official (like a police officer) orders a vehicle towed. Contract rates probably wouldn't apply, if the motorist contacted the towing company privately.
Speaking of private, if you think city contract rates are high, wait until you get towed from the parking lot of a store or private business, if you park there while you are not patronizing their establishment. They have the right to do that, as long as appropriate warning signs are posted at the entrances.
Has the original poster gone down to the town/city hall and asked what the procedures are?
Is there a towing contract with the town/city?
Get a meeting with the chief of police. And ask?
Most places do have a contract for towing. In my small town there is only one person with a tow truck. So he gets there first. Contract or no contract.
My clutch quit late on a Saturday night on the interstate many decades ago. Truck in breakdown lane. State trooper came.
Stated that vehicle had to be removed from interstate for safety reasons. I advised that I had AAA. Trooper stated that the nearest/quickest towing company had to come. They did. Not AAA. But I got reimbursed by AAA for towing. Can't remember if there were any storage charges. Another reason to have AAA.
Under normal conditions there are no kickbacks. But every city/state is different. A towing kickback is not worth it for the police officer to loose his/her job. Unless the chief condones kickbacks and if so that city has a serious problem.
Many decades ago I was a driving instructor for a licensed driving school. In that state if young people completed a driving school the parents car insurance got a discount. So most young people went to driving schools. One student, a 16 year old gal, got into instructor car the first time, and I began to teach her. She promptly stated that she knew how to drive and for me to stop talking. I advised her that there are certain ways to drive that the DMV required when driving test time came. Young gal advised me that she was not going to take any test at DMV. That her dad knew someone at the DMV and that she was going to get her driving license without any driving test. That she was only taking driving school for the insurance costs. She got her driving license without any test.
So, yes, some things do happen that are not supposed to happen under the rules.
In my area the police have a specific towing company that gets called to tow all totaled cars. Unless, your wife had already called a tow truck or made a huge point of wanting it to go to a certain place they would send it there. We were told that it is cheaper for the tax payers & the police only have to visit one place if they need to look at the car again (to get VIN numbers or whatever).
Now if the car was just damaged police will usually have you tow it to wherever you want it towed as long as it is done ASAP.
Car totaled? How do you know this? Your insurance company had to pass judgment, so they must have seen the car.
You must have coverage for "uninsured motorist". Find out what it pays.
Car is worthless to you, right?
Have the insurance company deal with the wrecker and storage outfit. Worst case you sign over a worthless (to you) car to the yard and be done with it.
Just like the "relationship" (wink, wink) between the towing company and the police, there is also a relationship between the insurance company and the towing company.
Car totaled? How do you know this? Your insurance company had to pass judgment, so they must have seen the car.
You must have coverage for "uninsured motorist". Find out what it pays.
Car is worthless to you, right?
Have the insurance company deal with the wrecker and storage outfit. Worst case you sign over a worthless (to you) car to the yard and be done with it.
Just like the "relationship" (wink, wink) between the towing company and the police, there is also a relationship between the insurance company and the towing company.
Insurance company is not going to care if there is no collision coverage. UMPD is not offered in all states. Even if they had UMPD in some states the driver must be identified and not have coverage, and does not apply for hit and runs. Also even if they lived in a state with UMPD, they would have to have collision coverage to buy the UMPD. If there is no coverage, and they car is worthless to them, sign over the title and be done with it.
You're not a party to the contract, so the contract doesn't matter. They can charge you the reasonable cost of towing. Half-day's rent for 100 square feet is less than a dollar, so storage charge should basically be zero.
Oh yeah -- what are the odds a jury agrees that $400 is reasonable?
Not in my world. I don't remember how much the tow and storage cost, but it was a lot. For that price, the storage lot should have had an ocean or mountain view.
You're not a party to the contract, so the contract doesn't matter. They can charge you the reasonable cost of towing. Half-day's rent for 100 square feet is less than a dollar, so storage charge should basically be zero.
Oh yeah -- what are the odds a jury agrees that $400 is reasonable?
the city or municipality has contracted for the services, and agreed to a fee schedule.
when the city police department calls upon those resources, which they have the right to do, you are bound by the terms of their contract.
like it or not, if the tow company demanded $400 in accordance with their contracted fee schedule, it doesn't matter if a jury thinks it reasonable or not. The fees have already been agreed to and can be charged.
and as far as a "zero" storage charge, that's not gonna' fly. the tow company has overhead and insurance costs that they are entitled to recoup as a business. They can charge for providing the service, and it's reasonable for them to do so; no differently than other service providers can charge for what they do.
Look at the fees charged by other first responders, for example, the ambulance company and EMT's. They do a lot of sitting around with expensive equipment and staffing. You're not really paying just for the few miles and minutes of service that you consume, it's the availability of the service on demand when you need it that you're paying for. Surely the ambulance driver's time and the fuel costs don't add up to a $500 ride from the scene of an accident to a hospital a few miles away ... but the overall service costs do. And if the lady here had been injured when her car was totaled out, the cop on the scene could have reasonably requested an emergency response. The lady would have been given an ambulance ride to the local hospital and the billing for that ride and services would have been the contracted amount. Likely that fee would have been far in excess of what you'd think reasonable for the few minutes of time and service.
PS: Try getting into a jury courtroom for less than many thousand dollars these days. $400 isn't going to justify it.
There is only one point that matters here from the financial perspective, and that is whether or not you have liability and uninsured motorist insurance. If you do, file a claim. If you do not, take a pen with you to sign the title over and go look for a new car.
If you think it is a price gouging situation, then go to the city council or whoever sets these things in your community and start the process of getting it reviewed. It will be a royal PITA but you can get some satisfaction from it if this really matters to you. If it really isn't that big of a deal to you and you can see that by saving on insurance costs over 11 years you are money ahead in the long run, then walk away.
As a side note, my personal experience has been a highly improved marriage since I stopped pointing out my wife's perceived flaws (particularly publicly) and accepted that she will often handle things differently than I do. Supporting her even when I don't agree with her entirely makes her happy and thereby makes me happy. And that, my friend, is totally free advice that you will never get from an attorney.
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