Calgary councillor aims to protect drivers from 'predatory' tow truck companies

Carter Duczek and his father Damen say they recently dealt with predatory behaviour from a tow truck driver.

A Calgary councillor wants the city to protect drivers from tow truck companies that are "preying" on drivers on scene of car crashes.

On Nov. 7, Ward 4 Coun. Peter Demong will put forward a notice of motion to address "predatory behaviors" by towing companies.

The motion seeks to change bylaws, creating a perimeter around crash sites and introducing fines.

Demong says in the motion there is a "growing local trend" of tow truck companies showing up at collision scenes before being called, and later charging "ridiculously inflated invoices" for drivers to get their vehicles out of the lot they’re towed to.

Carter Duczek, 18, and his father Damen say they recently dealt with this type of situation.

Carter was involved in a crash downtown on Aug. 31. He called police, but says a tow truck company arrived on scene within minutes, before officers did.

"It was instant," he said. "They showed up and nobody called them. It was just really fast when they arrived."

Duczek says the tow truck driver quickly hooked up his vehicle and reassured him that his insurance company would cover the cost of the tow.

Despite this, he says he received a quote of nearly $3,000 just days later when he went to retrieve his vehicle from the company’s lot.

"I was in a little bit of shock, I was expecting maybe $500," he said. "I kind of just trusted them. They showed up pretty fast, told me not to worry about it, they made it seem like they were good people, they would take care of me."

Duczek's dad Damen owns the vehicle, and says he was able to negotiate with the company to get the amount down to $2,100, but feels the charges on the invoice didn’t make sense.

He says he was later reimbursed by his insurance company, but questions how these kinds of tow truck companies are allowed to operate.

"It was just really shady," he said. "I don’t want to see it happen to anyone else. What happened to him shouldn’t happen to anyone else."

Calgary does have a contract with City Wide Towing for collisions involving police responses within the City of Calgary. It is not the company that towed Duczek’s vehicle.

Operations manager Jeff Hribnak says he started seeing these type of tow trucks at scenes starting this summer, but says he now sees them almost daily.

"The amount I’m seeing and hearing about (these companies is) absurd, they’re not within the scope of towing practices," he said. "It’s not illegal, no, but general public motorists are being taken advantage of."

Hribnak said he recently reviewed another customer’s bill involved with another tow company, and said the client was charged more than double what their contracted prices with the city would be.

"Do your research. Go with a reputable company," he warned.

In his upcoming notice of motion, Demong pushes for the city to look at either making changes to the Business License Bylaw or creating regulations to prohibit towing companies from stopping within a radius of a collision, unless called upon by emergency services or the people involved in the crash.

The motion also calls for fines to deter "poachers," including escalating amounts for repeat offenders.

Demong’s motion states "poachers" are using scanners to pick up Calgary Fire Department (CFD) calls, and that establishing a perimeter will prevent CFD from having to retrofit the department with encrypted radios, which would cost around $500,000.

The notice of motion says that when emergency crews ask the companies to move away from the scene, they are being met with verbal abuse and, in some cases, near-physical confrontations.

The Calgary Police Service says the issue was brought to its attention from CFD, but no formal complaints have been filed.

"We have been made aware of some instances where members of the public have been charged excessive towing and storage fees, so we are aware of that happening," said Deputy Chief Chad Tawfik.

"It’s relatively recent that it’s been brought to our attention, and it has been a bigger issue in other jurisdictions, so we’re aware it’s been happening elsewhere."

Recently, in Edmonton, an unsolicited tow truck operator was charged after police say he refused to release a vehicle to its owner. 

Ontario also cracked down on fraudulent tow truck industry this summer through a new certification requirement – a first among Canada’s provinces. 

Ricky Bagga, the managing partner at Crash Lawyers, says he’s had several clients who’ve been targeted by tow companies.

He says it’s important that drivers remember they do have choices regarding their vehicle.

"At the end of the day, I tell everyone you have the right to chose who your tow truck company is and where it’s towed to. You have time to decide if you want to get it towed or not. In a lot of instances, there’s no obligation on a person to move their vehicle right away, unless you’re directed by CPS," he said.

Bagga also recommends having a dash cam to record any conflict.

Police do encourage people to report these types of incidents involving tow truck drivers so they can determine if criminal charges can be laid.

• They also offer the following advise to drivers if they feel they are being pressured by a tow truck driver:
• If you are involved in a collision and require a tow, wait for first responders to arrive on scene before agreeing to have your vehicle towed;
• Law enforcement agencies usually have existing partnerships with tow trucking companies. The CPS will facilitate tows for serious-injury and fatal collisions;
• For non-injury collisions, people can choose the tow truck company of their choice if they do not wish to use a partner agency of CPS; and,
• Legitimate tow truck companies will not use high-pressure or fear-based tactics, and they will not charge exorbitant prices or additional fees on top of the tow cost.