Towing service
A towing service is a company that tows , retrieves, transports and secures vehicles . A towing service needs tow vehicles and a protected parking space to secure it. A towing service can act both on a private basis (e.g. a vehicle owner whose vehicle breaks down due to engine damage or a property owner who has unauthorized parking vehicles on his property) as well as on behalf of the police / regulatory authority.
Towing services also tow third party vehicles on behalf of a private individual (tenant, property owner, medical center, shopping center, business car park, etc.). In Germany, unauthorized vehicles parked on other people's property may be towed away and only have to be returned against payment of the towing costs; however, the principle of proportionality must be observed.
As a rule, the towing costs are to be paid directly to the towing company; if this does not happen, the towing company will invoice the client, who may hire a lawyer, whereby a lawsuit causes high follow-up costs.
The automobile clubs or insurance cover letters do not have their own towing service, but commission small, individual companies on site to tow them. These contract companies can usually be recognized by the lettering on the emergency vehicle.
If you hire a towing service yourself after an accident or breakdown , you should clarify the price and destination of the journey as well as the payment methods before placing the order. It is not uncommon for towing services to require cash payments even for small amounts and may exercise their right of retention. Serious towing services can also be recognized in Germany by the price list clearly displayed on the passenger side. This is mandatory in the law, the Price Indication Ordinance (PAngV).
In the case of car club protection letters and also the protection letters of the car insurers, the towing service in the event of a rescue / accident is already covered by the membership fee or insurance fee and at no additional cost if the vehicle is certified as being unfit to drive. A rental car is also made available for important occasions to bridge the gap; the return trip in the second car class of the train is also included.
Serious towing and breakdown service personnel in Germany must wear warning clothing in accordance with DIN EN 471. The emergency vehicle must be equipped with red and white striped warning markings in accordance with DIN 30710. Safety equipment such as 75 cm high traffic cones , warning lights and warning triangles must be set up by the emergency service company during all work in the traffic area. This also protects the customer at this hazardous point.
If, after notifying a towing company, the driver appears before the start of loading and removes his vehicle, costs are still due for an empty run of the towing vehicle.
In 2008, the ADAC criticized towing companies that issue excessive bills of up to 300 euros. The Hamburg Regional Court ruled that a bill over 250 euros was excessive and considered 120 euros towing costs plus ten euros custody costs per day to be appropriate (Az. 320 S 100/07).
In 2009, the BGH confirmed that unauthorized parking of vehicles in a parking lot constitutes a prohibited self-power and that the owner of the property may end the impairment of possession by self-help , whereby the principle of proportionality must be maintained. The wrongdoer has to reimburse not only the pure towing costs, but also the costs incurred in connection with the preparation of the towing process, but not collection fees and interest, as these do not relate to the repair or prevention of damage, but only the processing and out-of-court settlement serve the damage claim of the owner.
Individual evidence
- ↑ a b Towing costs for unauthorized vehicles parked on private property (judgment of June 5, 2009 - V ZR 144/08). In: Press release No. 121/2009. Federal Court of Justice, accessed on July 14, 2014 .
- ↑ a b Judgment of June 5, 2009 - V ZR 144/08. Federal Court of Justice, accessed on July 14, 2014 .
