Can a tow truck company charge anything that it wants to tow your truck?

My truck flipped on it side on an interstate. The tow truck company was there for 1 hour to up right my truck and drove it 3 miles to it’s shop. They told me the bill is $7200; my insurer is going to pay $1450 but they say that I have to pay the rest. The highway patrol told me that I have no say in the matter.

Asked on June 15, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were aware, or should have been aware of the rates (e.g. rate is posted on the truck), and let them go ahead and tow the vehicle, then you'd be held to it. However, if they never told you the rates or gave you any chance to determine them (or worse: actively lied about them), you may have grounds to escape paying the full rate. You would proceed under the theory that charging an unconscionable and undisclosed rate may represent a kind of fraud or consumer fraud. For the amount of money you describe, it's worth consulting with an attorney who handles consummer fraud cases, to see what your options are, the strength of any defenses you might have, etc.


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