Your rights when your vehicle is towed
Learn about your rights if you require the services of a tow truck in NSW and what your responsibilities are if you have been in an accident.
You may need the services of a tow truck driver if your vehicle breaks down or is in an accident.
You also have the right to:
- refuse to accept a tow for any reason, for example, if the tow truck is not suitable
- receive a copy of the towing authorisation form from the driver who will be towing your vehicle
- receive a quotation for the cost of the towing work.
Maximum fees for towing
Light vehicles
See a summary of the current maximum charges for towing, salvage, and storage of motor vehicles with a gross vehicle mass up to 4.5 tonnes.
Heavy vehicles
See a summary of the current maximum tow fees for heavy tow truck and associated work and equipment for accident towing.
Tow-away only crashes
Motorists involved in tow-away only collisions can organise their own tow and leave the area if:
- no one is injured
- all parties have exchanged particulars, and
- no one is under the influence of drugs or alcohol.
As the owner or driver of the towed vehicle, it is your responsibility to report the accident to NSW Police immediately by calling the Police Assistance Line on 131 444.
If you had a minor collision and your car does not require tow-away, you do not need to report it to the police, even for insurance purposes. Visit the NSW Police website for more information.
Your consumer rights
Under Australian Consumer Law, most products or services bought in Australia after 1 January 2011 come with automatic consumer guarantees that the product or service you purchased will:
- be of acceptable quality
- be fit for a particular purpose
- match the description, or sample or demonstration model.
Proof of purchase and documentation
You have the right to receive proof of purchase that can include:
- an invoice
- a digital receipt
- cash register receipt
- handwritten receipt, or
- lay-by agreement.
Suppliers must provide proof of purchase for goods and services worth $75 or more (excluding GST).
If the service has a warranty, it will give you some extra protection against faults or defects. Warranties generally have terms and conditions attached and it’s your responsibility to be aware of these.
Advertising
Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.
Businesses are not allowed to make false or misleading representations about their products or services.
The remedy if something goes wrong with a vehicle towing
The remedy when things go wrong will depend on whether the problem is major or minor.
You are entitled to an appropriate remedy from the business when the product or service you purchased does not meet one or more of the consumer guarantees.
This might be:
- a refund
- cancellation and replacement
- further service to rectify the problem
- reimbursement for damages and consequential loss in some cases.
The remedy will depend on whether the problem is:
- a major problem, or
- a minor problem.
You can find out more by visiting our repairs, replacements and refunds page.
Making a complaint
When making a complaint, you should include:
- details of the issues you are experiencing
- copies of any correspondence that shows how you have tried to resolve the matter.
How NSW Fair Trading will handle your complaint
Your complaint will be reviewed to determine the most appropriate resolution. This may include:
- providing you with information to help resolve your complaint
- recording the complaint issues to assist in future compliance programs, or
- contacting the other party to try and resolve the dispute.
You can lodge a complaint:
Online
If you cannot resolve your matter, submit your complaint by using our form.
By mail
Post your complaint form and documentation to:
NSW Fair Trading
PO Box 972
Parramatta NSW 2124
Ask a question
If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.