Do Tow Trucks Have to Report Accidents?

The only parties legally required to report an accident in Illinois are police officers. Illinois statute 625 ILCS 5/11-408 states that an officer must report the crash within 10 days of conducting an investigation into the collision. However, there are specific laws in place regarding how tow trucks can respond to accidents, and what information they are legally required to provide before hooking up the damaged car and towing it away.

Illinois has a long history of questionable activity taken by tow truck drivers. According to the National Insurance Crime Bureau (NICB), Chicago is the second most affected major city when it comes to towing abuses. Some of the noted issues plaguing the city and state include towing fees in excess of $3,000, tow trucks using police scanners to race to the scenes of accidents, thousands of dollars in fees to release cars from storage yards, and more. While fraudulent and rogue tow truck companies are still a major issue in the state, there used to be fewer protections available for affected motorists.

Prior to 2008, there were far fewer restrictions in place to prevent bad actors from taking advantage of motorists with damaged or disabled vehicles. Since then, Senate Bill 435 added regulations to restrict when a vehicle can legally be towed. Some of the additional rules and requirements it instated include:

• The customer must authorize a tow before it occurs. In the case of an abandoned vehicle, law enforcement can authorize the tow instead.
• Prior to towing, the driver of the tow truck must provide the address of where the vehicle is being towed, all fees associated with the tow and storage of the vehicle, and an itemized description of the owner’s rights.
• All tow trucks must include the name, address, and phone number of the towing company displayed on the truck.
• Records of all invoices and disclosures must be kept for 5 years and must be provided upon request.

While enforcement of these laws may be lax, that doesn’t mean they don’t apply. Unfortunately, it can be difficult to fight these predatory actions, so the best thing to do is take steps to protect yourself from being taken advantage of. First and foremost, never grant permission to tow your vehicle to a tow truck driver when neither you nor law enforcement placed a call for one. Some additional things to keep in mind when dealing with a tow truck driver include:

• Never grant permission for an unsolicited tow.
• If neither you nor law enforcement made the call for a tow, do not interact with any tower attempting to move your vehicle.
• Ask for company identification if it is not readily apparent on the vehicle.
• Double check that the information on the truck is identical to any documentation provided by the tow truck driver.
• Do not give any tow truck driver permission to move your vehicle until they provide an itemized printed list of all fees that will apply as well as documentation of where your vehicle is being towed.
• If, at any point you begin to suspect anything, contact your insurance company or law enforcement to call a new towing service for you and confirm all details upon arrival.

If you were involved in a serious car crash, you may be able to file a lawsuit to secure the compensation you need to cover necessary repairs to your vehicle, medical bills, and other damages incurred in the accident. At Prince Law Firm, our experienced Marion car accident lawyers have spent more than 20 years fighting for the rights of injured victims across Illinois. Reach out today to discuss your situation in a free case consultation and learn what your next steps should be.