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NSW Do I have a case with the police?

Discussion in 'Politics, Laws, Government & Insurance' started by jslim1008, Apr 4, 2016.

  1. Okay, guys
    So, I don't know if this can stay in this thread but
    My found out where the bike was towed to but then I have to pay $857 for the towing!

    I understand 200-300 is the cost for transportation, but the storage is just insane!

    What makes me angry is that the police, throughout my time in hospital, have never taken an initiative to call me. So I made numerous attempts trying to know where my bike was towed to I made around 20 calls in the span of 3 weeks in hospital..

    All the answer I was getting was "You have to speak to the Officer in charge of the investigation, he is not in today... blah blah" "It's in a towing yard, the file does not say which yard, speak to the officer in charge"

    And i could not get in contact with him because he only worked certain days, and it is not like i can just keep up with this with pain and such in a hospital.

    I really want to take this to small claims court as such. But do you think I have a valid case?
  2. Not sure about a case in court. But that is pretty poor form to not be able to give you any idea of where your property is etc. You could have had someone pick it up long before the bill got so high. Was the accident your fault? Only askig as if not and driver has insurance, you claim against their insurer, or you can take them to court for costs associated with repairing or replacing the bike.
  3. I was at fault for the accident,
    but exactly what you said, I could have had my folks arrange a pick up and get it before it got to that amount.

    I might post this on Legal part of Netrider.

  4. The cost of towing and storing your bike has nothing to do with the police!!

    if you have insurance and make a claim they will normally cover the towing and storage cost .
  5. Yeah, I'm in tough luck atm, so I need help :(
  6. Have you got full comp insurance ?
  7. That meant a no, I have TPP, and I was at fault.
    But towing, I'm making a separate case.
  8. What's tpp ?? As I'm in Victoria and have no idea how stuff works in nsw.
  9. Oo, sorry, it's Third Party Property, only covers damage to the other person not mine.
  10. I get you now mate.
    That won't help you pay the towing and storage bill or help fix/replace your bike unfortunately .
  11. You could probably try argue with the tow truck company/yard that the bike wasn't taken where you wanted it to go depending on what was said at the accident... I wouldn't bother with the police though it's not their issue and they will probably just come up with a reason to book you for being pestered ie at fault accident = negligent
  12. I don't know what it's like in NSW but in Vic those charges are set by the state in conjunction with the tow companies under the smash tow scheme. They're pretty much impossible to fight, every crash I've ever been involved in I've arranged my vehicle or my employee's vehicle to be towed to a place of my choosing rather than the tow driver's yard.

    Smash tow scheme was set up in Vic to stop the stand over behaviour of tow drivers in the past, charging outrageous fees to tow vehicles because they got there first through a tip off or following emergency services. Now the fees are set by a central body, and the jobs assigned by a central body. In Vic as I understand from my usual tow driver it's actually against the law to do a private tow from an accident scene where the emergency services have attended. There is probably a similar scheme in NSW, but someone more versed in NSW traffic law such as Justus might be able to enlighten us.
  13. I think the OP's question isn't so much the rate of the charges, or that they apply, but he hasn't been given the opportunity to mitigate his loss.

    That is he tried to find out where the bike was so he could organise someone to get it (and minimize the cost), but it wasn't recorded property by police so no one could tell him until only the officer in charge got back from rostered time off. This put the OP at a significant disadvantage as he was trying to minimize his loss, but was prevented from doing so.

    I don't know the answer, but suggest you contact the NSW Ombudsman who look after complaints about police - they may be able to give you some advice.

    I don't think it's fair that the OP was trying to sort things, even from hospital, yet no one could help him get his bike back and now he has a huge bill as a result.

    Another lesson is to always be comprehensively insured.
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  14. #14 Mick80, Apr 4, 2016
    Last edited by a moderator: Apr 4, 2016
    Sorry to hear about the accident jslim1008. Sounds like you have a few problems to deal with. Usually comprehensive insurance would take care of the towing and storage fees however without insurance, it's up to you in this case.

    The Police (the guys in blue not the band) would have had to have authorised the tow of the vehicle from the scene. Tows are either done at the owner's (which may be covered by insurance) or the Police's cost. If Police want the vehicle for mechanical examination, crime scene etc etc they would pay for the tow and storage of the vehicle.

    Otherwise the vehicle would be towed as per section 49 of the Tow Truck Industry Act 1988 (which I assume is what has occurred in your circumstance). This is to remove the vehicle as an obstruction from the roadway and for safe keeping. It is likely that it is your cost to bear to remove the vehicle from the roadway and the storage up until your initial phone call to the Police Station to find the bike, which is the first point in time you could have done something about stopping the costs.

    However if you have made efforts to contact the officer in charge of the investigation and been fobbed off or it has not been followed up in a timely manner which has meant that you have not been able to directly family or friends to remove the bike and then it would be reasonable to expect that the Police pay for the costs after that point. I would put time and dates in writing to the Local Area Commander of the Police Station asking that storage after the date that you contacted the Police Station be paid for by the Police due to the fact that you were not informed of the bike's location and therefore had no chance to remove it. Considering you rang from the hospital, mobile phone bills are good proof of efforts to contact the Police Station. Statutory declarations from family or friends that assisted in the process may also help illustrate your argument.

    At the end of the day there will be no loss by the cops, it is unlikely the yard will charge the cops the difference considering the amount of business they get from Government contracts, and the fact that it's a bike, unless it's taking up a massive amount of space.

    This is the low end of action you can take but it is a reasonable start. Quite often uninsured vehicles are left at towie's yards because the storage fees are worth more than the vehicle wreck and people walk away rather than pay the money for the destroyed vehicle.

    if you get no assistance at the Police Station then in line with what AyeKay said, someone like the Ombudsman's office may help you resolve the matter or put you in contact with someone who might help you resolve it.

    Good luck, sounds like you need a bit of it.
  15. You've not read OP properly.

    OP is charged a fee for each 24 hour period. The police knew the location of vehicle. OP did not, and was not able to get this information. In the meantime storage fees kept accumulating. OP is asking if he has a case due to the police not providing the information he needed in order to take possession of his bike.

    If he had insurance, this thread would not have been created. Read OP's history to understand his circumstances. A link was provided.

    No reference to the cost of storage was been included yet you say that "the storage is just insane".

    "I have to pay $857 for the towing" makes no sense when you calculate maximum charges. Is this rather the amount owing for towing and storage? Please check the information you are posting and clarify. What distance was the vehicle towed? The maximum amount of $257 and for towing more than 10km, add $6.23 for every kilometre. If the towing was 20km, the additional cost is $3.12 for every kilometre.

    For storage, the first 72 hours are free. After this time, you are liable for storage fees which can be charged at a maximum rate of $19.50 for every 24 hours.

    Maximum charges are legislated by Tow Truck Regulations 2008.

    Let us know how you go. The decision is not usually able to appealed unless you can show an error of law.


    • Informative Informative x 2
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  16. #16 jslim1008, Apr 4, 2016
    Last edited by a moderator: Apr 4, 2016
    Yeah, good idea, ill contact the obudsman, i didn't know they handled police!

    Oh thank you.
    Yes sorry for the confusing statement.
    I called up the company and they said 300 somthing dollars for the towing (WTF) and the rest 400+ dollars for storage. It is quite ridiculous, considering its a small bike.

    Yes it is very frustrating, the Towing Company which is Collisioncare pty ltd is apparently a subcontractor...

    I think I will follow Mick's answer

    Hey Mick, I really owe it to you for the small free legal advice! Drinks on me if we ever meet lol
    I've emailed the investigating officer, he is back in Wednesday, (This is the problem, the rest of police chaps don't know anything).
    I will give them a ring tomorrow, and probably get an e-mail for the Local Area Commander..
  17. Well sometimes it just isn't possible, for instance it would cost me about $2000 a year for comprehensive insurance (due to being a younger rider only on my P's), the bike only cost $4000 so it really just isn't worth it in that case, let alone actually being able to afford it...
  18. I had similar problems getting info from police after my son had a no fault accident, the other guy was cut out of his car and carted off to hospital, so no exchange of details. Not sure if my son should have got that information from the police at the scene at that time?Tried contacting the police station the attending officers were stationed at, was told I had to speak to the investigating officer that has just gone on leave for 2 weeks.......Any it ended up being about 4 weeks before we finally got the other drivers contact details, by this time the guy is running around in his new car!!! My son only had 3rd party, so then we had to fight with the other guys insurance co to get them to pay up. I managed to find out the other guy was charged with traffic offenses due to the accident, it took me to tell the insurance company that I knew that, and also advise them that my son was losing wages etc with no car. They took his banking details and he had the money that day. All in all took about 8 weeks to get it sorted!!!!!
  19. Is it still 2k if you bump up your excess? Might be worth phoning to find out.
  20. This is a disgrace, what a fcuking useless cop. "Serving" the community my ass