Legal Question in Personal Injury in Indiana

if you have a wreck and your car is legal do you have the right to deny the wrecker that is called


Asked on 9/26/09, 5:53 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Try this one again...the question makes no sense.

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Answered on 9/28/09, 9:35 am
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

I think I understand your question or I'm going to assume certain facts based on my experience and hope this helps. You were driving your vehicle and were involved in a crash. Due to the crash your vehicle could not be driven. Someone else, probably the police called a tow truck. At some point you didn't like the terms of the tow truck removing your car from where it was and objected or wished you did so later when you learned something you did not like - I assume the price. You now ask if you can or could have refused the tow truck that was called for you. Your rights to the tow truck of your choice are going to be balanced by the need to remove your vehicle immediately and how much of a hazard your crashed vehicle is to other drivers where it sits.

I had a client involved in a crash in Muncie, IN. where the police called a tow truck to the scene. The tow truck driver refused to tow the vehicle to my client's home and instead towed it against his wishes to their storage lot. My client had AAA and the right to a free tow truck. As it turned out the tow truck company that towed my client's car was the only AAA authorized company in the area. So had he used his membership the same tow truck would have removed his vehicle from the roadway. Once my office was involved the company quickly backed down, apologized and towed the car to the original destination of choice - my client's home. All fees, first tow, storage of a few days and second tow were free as well.

If your vehicle was a hazard to other drivers you probably couldn't refuse the first tow truck on the scene, but could limit your costs by requesting the shortest or minimum tow to a location of your choice where you had authority to leave the car - your property, a body shop or a mechanic's shop who gave you permission to leave the vehicle there.

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Answered on 11/13/09, 8:51 pm


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