(a) Every owner or person in charge of an accident vehicle subject to the Directed Accident Response Program shall be provided a document entitled "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" before such person signs the Authorization to Tow form as provided in 6 RCNY § 2-367. If the towing of an accident vehicle is authorized by a police officer as provided in 6 RCNY § 2-367, the "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall be provided to the owner or person in charge of the vehicle before such vehicle is towed from the accident scene, such as when that person discusses the disposition of the vehicle with such towing company; provided, however, that if the owner or other person in charge of such vehicle is injured and is to be removed to a hospital, such bill of rights shall be furnished by the towing company at the time such owner or other person in charge of such vehicle first appears at the premises of such towing company.
(b) The "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall have printed on it at the top of the page in capital, block face letters and in 14 point bold face type the caption CONSUMER BILL OF RIGHTS REGARDING TOWING OF ACCIDENT VEHICLES AND REPAIR SHOPS followed by statements in the sequence listed below in 10 point type in a color that sharply sets the text off from the background color of the document except that text included below in capital letters shall be in 10 point bold face type:
"NOTICE OF RIGHTS AND OPTIONS WHEN YOUR ACCIDENT VEHICLE IS TOWED."
Information about the towing of the vehicle.
"Your accident vehicle must be towed by the towing company that has been directed to do so by the Police Department."
YOU HAVE A RIGHT TO DIRECT THE TOWING COMPANY TO TOW THE VEHICLE TO ANY LOCATION WITHIN THE BOUNDARIES OF NEW YORK CITY, provided the vehicle can be legally left in the location you select. You must indicate on the Tow Authorization form where you want the vehicle towed. If you do not designate a location, the towing company is required to tow the vehicle to its authorized storage facility.
You or any person you select, including your insurance agent or adjuster, must be provided, at no extra charge, with reasonable access to view the accident vehicle during normal business hours at the towing company's storage facilities, but any insurance agent or insurance adjuster for a third party may have access only upon furnishing written confirmation they are representing such third party having a claim or defense arising from an accident involving such vehicle.
The Authorization to Tow form you sign ONLY AUTHORIZES the towing company to tow your vehicle and to store it at the storage facility of the towing company until you arrange to remove the vehicle. The towing company CANNOT use the towing authorization as an authorization to initiate repairs on the vehicle. UNLESS YOU HAVE SEPARATELY AUTHORIZED THE TOWING COMPANY'S REPAIR SHOP TO MAKE REPAIRS, YOU ARE NOT RESPONSIBLE FOR THE COST OF REPAIRS MADE BY SUCH REPAIR SHOP.
The rates charged for towing and storage cannot exceed those listed below for vehicles weighing 10,000 pounds or less:
Tow to towing company's storage facilities (including mileage) | $125 |
Tow to location other than towing company's storage facilities (excluding mileage) | $125 |
Charge per mile if towed to location other than towing company's storage facilities | $4.00 |
Storage charge for each calendar day for the first three days of storage* | $25 |
Storage charge for each calendar day for the fourth day of storage or thereafter* | $27 |
Road tolls actually paid | $_____ |
Sales tax rate currently in effect | $_____ |
* Rate does not apply to a vehicle with commercial plate and maximum gross vehicle weight of at least 6,000 pounds.
You have a right to pay towing and storage fees in cash or by at least two major credit cards identified by a decal on the tow truck, but a tow company is not obligated to take a check.
You may redeem your vehicle during a towing company's normal business hours.
Information about Repair of Vehicle
You are entitled to have the vehicle repaired by the repair shop of your choice. Within 30 minutes after the payment of all lawful charges (see above), the towing company must make the vehicle available to you or anyone you designate. A towing company may charge a fee of up to $25 for positioning your vehicle so it can be towed away by the tow truck of another company that is using a tow truck capable of towing three or more vehicles simultaneously.
No insurance company can require you to have the vehicle repaired by a specific repair shop.
You are entitled to request that your insurer recommend a repair shop. If you choose to have your vehicle repaired by a repair shop recommended by your insurer, your insurer becomes responsible for the adequacy of the repairs made by that repair shop.