Complaints

• Initial Complaint

  04/19/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  ON 17 April 2022, Boswell Used Auto Parts & Towing towed my 2018 Lincoln Continental approximately 1.5 miles from the shoulder of Route 1/Merryview and took it into storage (as a favor). Amount charged: $****** (which included an erroneous storage fee for TWO days {$**/night}, not one). Nature of dispute: Fees charged by Boswell stand in contravention of the towing charges as established by state law. ******** Code § 46.2-1233.1 which currently provides as follows: No hookup and initial towing fee of any passenger car shall exceed $150. For towing a vehicle between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or holiday, an additional fee of no more than $** per instance may be charged; however, in no event shall more than two such fees be charged for towing any such vehicle. No charge shall be made for storage and safekeeping for a period of 24 hours or less. Except for fees or charges imposed by this section or a local ordinance adopted pursuant to § 46.2-1233, no other fees or charges shall be imposed during the first 24-hour period. Universal Citation: VA Code § 46.2-1233.1 (2021) https://law.justia.com/codes/virginia/2021/title-46-2/chapter-12/section-46-2-1233-1/ Did business try to resolve this dispute: Unashamedly, the owners of Boswell's informed me these were the standard fees for towing on a holiday. They did retract the second day of storage when confronted with the fact that the car had only been stored (as a "favor" - said Brad) there for less than 12 hours. In fact their response included advice not to worry about the fees, "the insurance companies will take care of it". Well, tell Boswell's that ***** and **** have been informed about their business practices alright, and that Melissa should expect a phone call from their adjusters soon.

  Business response

  04/19/2022

  Mr. ******** vehicle was towed at the request of the Sherriff Department because it was involved in an accident.  It was not stored as a favor.  I am not sure who "Brad" is, as referenced by Mr. ******.  We do not have any by that name working here.

  As for the VA law 46.2 – 1233.1, Mr. ****** referenced, this law pertains to removal of vehicles from private property and removal of trespassing vehicles. His vehicle was a police ordered tow.  Therefore, would not fall under these guidelines.   VA LAW 46.2-1217 pertains to police ordered tows.  Localities may regulate towing fees for police requested towing if an advisory board has been established.  This is the case with ******** County since 1995. So our rates are not regulated by ******** State but by ******** County.  Our rates are visibly posted in our shop as required by law.  Our minimum tow for a police ordered tow is $******.  So the tow charge of $****** is not out of reason for a holiday weekend with  the current high fuel prices.   Our storage fee is $**.00 per day, with the first day being charged immediately and the second day being charged after the first 24hrs.  The insurance company responsible for damaging Mr. ****** vehicle was charged a total of $******. 

  Mr. ****** called our office on Monday, April 18th to inform us that he was sending a tow truck to pick up his vehicle.  When the tow truck arrived we informed the driver that the bill had not been paid.  The driver informed us he was not prepared to pay the bill and thought it had been settled before his arrival.  He contacted Mr. ****** and informed him that we were requiring payment before we would release the vehicle.  Mr. ****** called and became very irate and loud on the phone. I witnessed my employee speaking with Mr. ****** and asking him to lower his voice and stop screaming at him.  He told him the tow bill and stated that it would have to be paid in full before the vehicle could be released.  The method of payments accepted for police ordered tows are: Check from the insurance company, Owner of the vehicles credit card presented in person at our location or cash. Mr. ****** was upset that we would not accept Credit Cards over the phone. It is not our company's standard practice to accept payment over the phone. The conversation ended with my employee and the call was then turned over to me.  

  When I got on the phone with Mr. ****** the first words he spoke to me were "He expects me to bow down to his feet" I allowed a few seconds of silence and the told him I was waiting for him to finish his sentence.  He then informed me he wasn't talking to me.  Mr. ****** was still yelling and would not let me speak.  I waited for him to finish his thought but every time I went to answer his questions, he would interject and tell me he already knew what I said.  I did tell him he was being rude and asked that he would extend me the courteousyof allowing me to speak without interruption.   After about 15 minutes of ranting he did finally settle down enough to have a conversation.  I explained to him the typical procedures when dealing with an accident and suggested he contact his insurance and they would take care of incident for him.  He told me he had called **** and that the tow truck he sent to pick up his vehicle was from USAA, but after further clarification, he revealed he had contacted **** roadside assistance line and requested the tow.  I proceeded to inform him that he should allow the Insurance companies to follow their procedures and that the insurance companies would handle all the charges and he could relax and not be stressed.  I informed him, we have had a great experience with both ***** and **** and they both have had very fast response time.  He agreed to contact his insurance company and within hours his vehicle was paid for and picked up by Geico's towing representative.  We have all treated Mr. ****** with respect from the time he was picked up by my driver and brought to our shop.  My driver opened up our shop to allow him and his wife to use the restroom before they left for the trip back home.  His car was stored in a locked building instead of the fenced lot to assure him additional safe guard of his vehicle.  Even when he was ranting on the phone, he was not disrespected in any manner.   

  Mr. ******** accusation of being overcharged according to  46.2-1233.1 pertains to private property towing and does not apply to this incident.  Therefore we believe our charges are in line for this incident and do not believe a refund is warranted. 

   

   

  Thank you,

   

  Melissa B******

  Owner

   

   

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