What to do if your car is damaged during towing? Where to complain and how to compensate for damage?

For certain violations on the territory of our country, the vehicle is subject to evacuation. In this case, this process usually involves loading with a special manipulator onto a platform intended for such purposes.

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It is important to note that there are often cases when a car is damaged for some reason - the procedure in such a case will be standard.

Fixation during voluntary evacuation

There are also frequent cases when a car is evacuated with the voluntary participation of the owner, the driver of the vehicle. In this case, it should be noted that if there is damage, it should be fixed immediately.

Subsequently, this will avoid the need to repair your own vehicle at your own expense. This process has a number of features and subtleties.

In this case, there are a number of standard procedures - in this case it is strictly necessary to carry them out.

The algorithm of actions in this case includes the following main actions:

• directly recording the damage to the vehicle itself - you must immediately contact 112 or 02 after detecting a breakdown;
• further, after the request has been recorded by a special dispatch service, you will need to contact the police with a completed statement (a sample of this will not be difficult to find on the Internet - police officers are required to accept and register the statement);
• the next step is to obtain a decision on the results of consideration of the application: if it is determined that there was no malicious intent when damaging the vehicle, a criminal case will not be opened, but the need for the responsible person to compensate for all damage caused is recognized;
• If there is intentional damage to the vehicle, then a criminal case is initiated under Art. 158 of the Criminal Code of the Russian Federation and the person responsible will have to not only compensate for all damage caused, but also pay a fine of 5 thousand rubles .

Having your car damaged while being evacuated to an impound lot is a fairly common occurrence. Therefore, it is important to prepare in advance for the fact that compensation for damage may take some time.

The presence of a special CASCO policy somewhat simplifies the process of obtaining funds and repairs. It is important to note that under compulsory motor liability insurance it will be impossible or extremely difficult to obtain compensation.

Since it is understood that such a policy insures the driver and his liability only in the event of an accident. By definition, damage during loading onto a tow truck is not an insured event.

An independent examination will allow us to determine the full cost of repairs. It is important to check the correctness of the protocol. Since it is he who will allow you to avoid many different difficulties and difficult moments in the future.

Having all the necessary papers will help you avoid problems during the settlement procedure. It is also worth trying to negotiate on the spot regarding compensation in pre-trial proceedings. In this way, it is possible to avoid additional time costs.

Where to complain

There are several authorities where you should file a claim:

• Traffic police hotline (each region has its own number). By calling, you will record the date and time the damage was discovered. Subsequently, this telephone message can be used in court.
• If the evacuation protocol does not indicate the presence of damage during this procedure, then (if you have an issued CASCO policy) you can contact the insurance company.
• If information about the defects inflicted is present in the protocol, then you first need to contact the appraisers, and then, together with the prepared conclusion, contact the management of the towing company, whose employees caused the damage. You need to make a proposal for a pre-trial resolution of the issue.
• If your proposal for amicable settlement does not receive an adequate response, then you need to file a lawsuit in court.

As a rule, no company agrees to a settlement agreement. This is explained both by the low negotiating capacity and legal culture of our fellow citizens, and by the banal absence of experienced lawyers on the staff of such organizations.

Actions to take if your car is damaged at the impound lot

There are also frequent cases when a car is towed away when its owner is not present. In this case, damage is common, since most workers carry out all actions as quickly as possible.

In this case, it often happens that the presence of damage to the vehicle is discovered only when the car is found in the impound lot.

In this case, the procedure for actions that will need to be carried out for compensation will differ insignificantly.

If the car is in a parking lot, you should first check all the components of the body.

First of all, attention should be paid to certain points:

• are all body components in place;
• are there any defects in the paintwork, all kinds of dents, etc.;
• are any parts of the body torn off or deformed;
• Are the mirrors, wheels, and bumpers in place?

It is important to note that you should sign a special acceptance certificate stating that the car has been received only after a thorough check.

Because otherwise it will be almost impossible to make a claim. There are often cases when damage was discovered after the acceptance certificate had been signed and the car had left the impound lot.

This kind of incident should not be allowed to happen. Otherwise, you will need to repair the car at your own expense.

In the case when a car is towed in the absence of the owner and the equipment is subsequently removed from the impound lot, it will be necessary to pay attention to the following points:

• a special protocol is required, which is drawn up by a traffic police officer - this document must indicate the following important points: date and time, place of generation of the document;
• personal data of the traffic police officer who compiled the document;
• grounds for detaining a car - these must be drawn up indicating the articles of legislation;
• exact information about the owner of the vehicle itself;
• a complete list of all valuables that were inside the car at the time of its evacuation;
• a complete, detailed list of all faults and damages already present on the vehicle body.

Usually impound parking lots are located very close to offices and traffic police departments. Therefore, it is not difficult to obtain the necessary information.

It is important to remember that attentiveness and knowledge of your rights and legislative norms will allow you to avoid various complex and problematic situations. Therefore, it is worthwhile to first study all legal regulations regarding evacuation.

If you do not have the necessary experience in this area, you should contact a qualified lawyer. In this way, again, many difficulties can be avoided.

Is it possible to pick up a car from an impound lot without paying for a tow truck? It is explained in the article: paying for a tow truck to an impound lot. How to challenge the towing of a car for illegal parking, read here.

Main aspects

If the evacuation procedure is carried out with violations, then the loaded vehicle can receive a variety of damage, from light scratches to serious violations of the geometry of the body.

However, not all drivers know what to do if a towed car is damaged.

Therefore, if he sees that the car has begun to be picked up by a tow truck, it is necessary to video record it or take care in advance to have photographs of the car in its normal condition.

However, time and date must be visible on photographs or recordings to prove that the content was created before the evacuation.

Also, if the driver is on site, it is advisable to take an inventory of the property in the trunk and passenger compartment, so that in case of violations related to theft, you will have a document to prove the fact.

The tow truck driver must sign the paper, but if he refuses to do so, then you can attract a third-party witness, who should be a person disinterested in the result.

It is these documents that need to be attached to the lawsuit, which is transferred to the appropriate authority when damage is caused to the car.

Required terms

To understand the evacuation procedure and its features, it is necessary to study the terminological baggage that is used both by the inspector and during complaints, if the need for them arises.

Evacuation rules

Before the car is towed, the traffic police officer must draw up a protocol on the detention of the equipment, in two copies.

It is signed by both the inspector and the violator himself, and if the driver refuses to sign, this is recorded by the inspector.

In this case, the preparation of the protocol should be supplemented by the participation of witnesses or recorded by a video camera.

The protocol is drawn up taking into account the time, date and place of evacuation, and the basis for the event must be indicated in the form of an article of the Code of Administrative Offenses of the Russian Federation.

The protocol must contain information about the employee and the owner of the car, as well as valuables in the car.

All places that could be used to break into the car must be sealed, after which the evacuation process itself takes place.

At the same time, it is paid in accordance with the standards adopted by local authorities, and if the evacuation is not provoked by a violation or accident, but for example due to a utility accident, then the money will be issued by local authorities.

Normative base

Violations for which a car can be towed are specified in the Code of Administrative Offenses of the Russian Federation.

Moreover, all the reasons are found in Article 27.13 of the Administrative Code, referring the reader to other provisions.

But specifically in cities, parking rules are stipulated by local regulations, for example in Moscow this is Law 42 of 2012, which establishes the procedure for the evacuation of cars, their return and sources of payment for the evacuation and storage of cars.

How to draw up a car acceptance certificate

It is the special act of acceptance and transfer of the vehicle that needs to be given maximum attention. Since this document defines all the features and subtleties of the process.

It will be possible to do this in advance. It is important to note that the standard form of the act of the type in question is different in each city.

Nevertheless, the one established by a special regulatory document is often used. This is Government Decree No. 562-p dated October 26, 2012.

But regardless of where the relevant document is filled out, the act must necessarily include the following basic data:

• full name of the document, date and place of drawing up the act;
• the first section includes all the data regarding the movement of the vehicle: the number and date of drawing up the act are indicated;
• the exact data of all parties present during the evacuation are indicated (the tow truck operator himself, the traffic police officer and a witness - one must be involved);
• detailed information about the car is written down (make, model, state registration number, color, etc.);
• secondary information is indicated - about additional installed equipment and more;
• detailed information about all valuables located in the cabin, other;
• place of detention of the vehicle and subsequent storage;
• this part must be certified by the signatures of all persons who in any way participated in the evacuation.

It is important to note that towing a vehicle due to a violation and voluntary towing for alternative reasons are legally different.

In the second case, another document is drawn up. It is designated as a “certificate of completed work.” Such a document includes slightly different data. Again, finding a sample of such a document on the Internet will not be difficult.

Briefly about transportation rules

When loading, transporting and unloading the vehicle, it may be damaged. To avoid getting into such a situation, the car owner must remember the existing evacuation rules. Here are the main points that every driver should know:

1. Evacuation of a car is a procedure that requires drawing up a transfer and acceptance certificate with an inventory of visible damage, the contents of the trunk and interior.
2. If certain traffic rules are violated, the vehicle may be detained. In this case, the traffic police inspector draws up a corresponding protocol, which must subsequently be signed by the owner of the car. This absolutely cannot be done until you see your car.
3. An inventory of visible damage must be attached to the vehicle detention protocol.
4. Receipts for payment for tow truck and impound lot services must be kept. They will be needed when contacting an insurance company for CASCO or filing a claim in court.

We remind you that representatives of the State Traffic Inspectorate must video record the procedure for seizing and loading the car onto a tow truck. At the request of the owner of the car, it must be provided to him when issuing a report of detention.

How to write a claim for evacuation service

If there are claims against the evacuation service, you will need to draw up a special document. This includes the following:

• contacting directly the manager of a specific enterprise;
• further, the personal data of the person who applied for the receipt must be indicated - the personal data of the owner;
• the date, time, and date of the evacuation process are indicated;
• grounds for objection - it is very important to make reference to the relevant legislation;
• further, a list of damages must be included, as well as how much repairs the owner expects;
• at the bottom of the document there is a request for compensation for damage from the organization involved in the evacuation.

How to evacuate a vehicle according to the rules?

If your vehicle breaks down or is damaged as a result of an accident, and you cannot drive it to a repair station yourself, you should contact the services of a towing service.

Read here what to do and where to call if your car has been towed.

To avoid a situation where a car is damaged during loading , and you cannot prove the guilt of the tow truck workers or hold them accountable on the basis of a concluded contract for the provision/receipt of services, you should adhere to the following tips:

• When tow trucks arrive at the call site, it is necessary to request the conclusion of an agreement for the transportation of a specific vehicle ;

To conclude such an agreement, you do not need to have special approved forms or other official documents. You can draw up a contract for the provision of services yourself, usually on an A4 sheet.

At the same time, it must contain the following mandatory information: day/month/year and exact time of vehicle transportation; the address where the evacuation is carried out; details of the car owner (last name, first name, patronymic); license plates of the evacuated vehicle; numbers of the tow truck on which loading is carried out; evacuation cost.

The drawn up agreement must be signed by both the owner of the vehicle and the tow truck employees.

• Take clear photographs of the car from all angles;

The date and time must be visible on the photograph, otherwise, if necessary, it will not be possible to prove that the car looked exactly like this on the day of evacuation.

You can take pictures using a special camera or with a regular phone. The main thing is that the photographs taken are clear and capture the appearance of the car from all possible angles.

• In a separate document, write down everything about the towed vehicle : existing defects and damage on the external/internal part of the vehicle; availability of converted parts/other important parts;

This document must also be signed by the driver of the evacuated vehicle and the person loading and further transporting the vehicle.

If the tow truck workers refuse to sign the above documents, it is recommended to find a random witness to the loading and ask him to sign the documents (indicating his details and contact phone number). In the event of damage to a vehicle, the testimony of an eyewitness to the incident can play a huge role in proving one’s case.

Bottom line: the listed manipulations will help you evacuate the vehicle according to the rules and defend your truth in case it is accidentally damaged.

What documents should I attach?

The claim itself will need to be accompanied by an extensive list of documents. The standard set includes the following:

• arrest report - this document is drawn up by a traffic police officer;
• all kinds of documents confirming certain expenses - checks, receipts;
• documents establishing the legal location of the vehicle in the impounded parking area;
• a copy of the independent expert’s report;
• an explanatory note directly from the employee performing the evacuation process.

Reason for being sent to the impound lot

The reasons that constitute the basis for the forced evacuation of transport are indicated in Art. 27.13 Code of Administrative Offenses of the Russian Federation.

These reasons are:

• the driver was driving while intoxicated (alcohol, drugs);
• freight transport does not comply with safety requirements when transporting cargo;
• the car is parked in places not intended for parking, creating interference for other vehicles or pedestrians;
• the person driving the vehicle did not have a driver’s license with him;
• the car turned out to be faulty after an accident;
• irregularities in the operation of the steering or braking system are detected.

With the last two points, the car owner can independently decide whether to send the car to a impound lot, or hire a tow truck to deliver the vehicle to a personal garage or to a car repair shop for repairs.

Compensation for damage

It is possible to obtain compensation for damages out of court. But this process is carried out quite rarely - since many evacuation companies simply refuse to acknowledge this kind of damage.

That is why you should be prepared in advance for the fact that you will have to defend your rights in court.

It will be relatively difficult to obtain compensation if the car was damaged during towing. However, most often such a process requires judicial intervention.

The article describes the car evacuation sign: car evacuation sign. For information on vehicle towing laws in 2021, see the page.

Find out the procedure for towing a car from this information.

How to properly record the fact of damage

One important detail should be noted right away. If your car was damaged during evacuation, then the insurance company by law has the opportunity not to pay for these repairs. These are the unfair realities of domestic legislation.

Based on this, the first thing the owner should do after discovering damage to his car during an inspection at a special parking lot (but before signing the acceptance certificate) is to request a copy of the traffic police report. If it contains an indication that the defects were obtained during the evacuation process, then you can’t count on the insurance company. Claims here will need to be submitted to the towing company, whose employees delivered the vehicle to the special parking lot. That's why:

• It is imperative to draw up an independent expert’s opinion regarding the damage caused.
• It is necessary to take as many photographs of the damage as possible in order to be able to conduct additional examination.
• Mention of such damage in the protocol should, if possible, be avoided. This must be damage caused by unknown persons under unclear circumstances.

If the protocol contains a mention of towing companies as the party guilty of causing damage, then after recording and assessing the damage, you can immediately go to your place of registration and file a lawsuit against this company. In the vast majority of cases, the court will side with the plaintiff.

List of attached documents

The following documents may be attached to the complaint:

• A protocol drawn up by a traffic police officer during the evacuation of a vehicle (if the vehicle was evacuated without the knowledge of the owner);
• A drawn up vehicle transportation agreement (if the vehicle was evacuated at the request of the owner);
• Inventory of the vehicle compiled by the traffic police inspector after inspecting the vehicle before evacuation;
• Inventory of the vehicle compiled by the owner himself before voluntary evacuation (with the attachment of photographs taken);
• Document for receiving the vehicle from the impound lot indicating the damage detected, which was recorded by the traffic police officer;
• A document with the results of an independent examination;
• Other additional documents that confirm the forced additional expenses of the car owner;

itself must be submitted in two copies, one of which will remain in the hands of the car owner, and the other will be sent to the appeal authority.

Time limit for consideration of a claim for damage to a vehicle

Based on the results of consideration of the application, a criminal case will be initiated only if you provide information that will indicate that the damage to your car was caused intentionally or when significant damage was caused to your car (see Part 1 of Article 167 of the Criminal Code of the Russian Federation). If there is no information about the intentional nature of causing harm during the evacuation of the car, the police will issue a decision to refuse to initiate criminal proceedings.

When considering your application, when determining the degree of significance of the damage, your property status will be taken into account, but in any case the damage is less than 5,000 rubles. cannot be considered significant, according to Note 2 to Art. 158 of the Criminal Code of the Russian Federation.

Within three days from the moment of receiving your application, the police authority must issue a decision to initiate a criminal case or to refuse to initiate a case (Part 1 of Article 144, Parts 1, 2 of Article 145 of the Code of Criminal Procedure of the Russian Federation). You will be notified of the decision in due course. In some cases, at the request of the investigator and the inquiry officer, the head of the investigation department has the right to extend the period for verifying the application to 10 days, and the prosecutor, at the request of the inquiry officer, can extend it to 30 days with the obligatory indication of the circumstances that served as the basis for such a decision (Part 3 of Article 144 of the Code of Criminal Procedure of the Russian Federation ).

If a criminal case is initiated, further investigation will be carried out in accordance with criminal procedure legislation.