Tow truck owner defends bill after deadly cleanup

[Tow411]

This Topic was created on Tow411 by mwill66 back in 2012:

 

Tow truck owner defends bill after deadly cleanup Posted: Jun 26, 2012 8:50 PM PDT Updated: Jun 27, 2012 6:47 AM PDT By Jennifer Phillips (inactive news link removed)

 

Loretta Robinson (center) with family and friends speaks at Gonzalez's plea hearing. (June 19, 2012/FOX Carolina)

GREENVILLE, SC (FOX Carolina) - A grieving mother said she lost her son in a fatal crash - and she had to pay for the cleanup.

The man who was forced to bill the victim's mother said he's hurt and did nothing wrong.

As the owner of Greenville Auto Towing, when Tracy Spain gets a call, he gets into his truck and heads to the accident scene.

But Spain said he will never forget a deadly wreck on White Horse Road in June 2011.

"Usually there might be a bumper cover laying in the road, a piece of a headlight and a little glass," said Spain.

But Spain said the impact from the 2011 collision caused debris to fly everywhere, several hundred yards away, and the cleanup took hours.

"It threw stuff all the way on the upper side of cars all the way down to the Dallas Tax Service," said Spain.

Anna Gonzalez, an illegal immigrant, was driving drunk when she hit and killed Justin Walker, who was from Alabama.

Investigators said Gonzalez crossed the center line and hit Walker's car head-on along White Horse Road. They said he had to be cut out of the wreckage, but died from his injuries minutes before Spain was called to the scene.

SLIDESHOW: Family, tow truck driver speak out after 2011 fatal crash

Last week in court, Walker's mother, Loretta Robinson, told a judge how much she missed her son.

"It's changed our whole entire fabric in our family," said Robinson. "If she served 100 years, he would not be back. I think for her I feel sorry because she claims that she doesn't remember much, and I wouldn't want to either."

In court, she addressed Gonzalez and talked about her heartache. She also brought up the $50 in cleanup fees she was billed after the crash.


"I had to pay to have the vehicle removed and the street with Justin's blood on the ground," said Robinson.

Spain said when he heard the statement he couldn't believe it.

"I was absolutely stunned," said Spain.

He said he billed Robinson, but gave her a discount. He said an average cleanup could cost $89 an hour. He said unfortunately, neither Robinson's son nor Gonzalez had insurance.

"You couldn't help but to feel sorry for them. I saw what they were all going through," said Spain.

Spain said he used discretion on the bill, which is a policy backed by the Towing and Recovery Association of South Carolina. He said the fee was for debris cleanup and not to wash the blood off the ground, as Robinson stated.

He said he's hurt by Robinson's claim and is willing to give her $50 back.

As for Gonzalez, she pleaded guilty in a Greenville County courtroom and was sentenced her to 17 years in prison.

 

BigBerthasTowing sid:

Gonzalez is the responsible party and should be the payor on the cleanup...I think.

 

ASAPautomotive said:

You are correct in that Gonzales should pay, but it is the owner of the vehicle to which the clean up is attributed that is first as far a responsibility goes. While I too feel for the mother, she does have a responsibility in the matter. Depending on insurance, it would be her insurance companies responsibility to subrogate or in this case pay since the at fault party had no insurance. I commend Mr. Spain for his selflessness, but cutting the clean up price, or at least stating in public that the price was cut, sets bad presidence for the industry. That however is a topic for another post.

 

Forged said:

I'm with Mr Spain . It's not all about the money . Someone needs help you help them out . Karma .

 

pdaddyvr6 said:

Since neither had insurance, how does one bill the mother?  If the son owned the car, which I dont believe it specified,  how is the mother responsible? I understand the company should get paid for their services.  I am just wondering how the mother, if she was not the owner and he was an adult (both assumptions), can be held responsible? 

 

concordtowing said:

Call it what you want,but we operate businesses that are responsible for cleaning up when others makes bad choices. We are not taxpayer supported entities like fire,ems or rescue,so we deserve to be paid just the same. Do you think that the ems agency that transported the body from the scene cut their bill so steep, do you think the funeral home cut their bill so steep for preparing the body for burial? Probably if any bodily fluid was cleaned up or washed down the drain it was done by the FD. Why is it such a bad thing that we get paid for the work we perform. Bill accordingly for the work you perform and don't go cutting breaks because you feel bad for the family. I know this may make me sound like a heartless person but the last time I paid a bill nobody cared that I had a heart and cut somebody a break and that I'm now low on money. Does anybody else feel this way?

 

Wade200 said:

The fact that this is in reference to a $50 invoice is a joke in itself.

It's a sad situation though.

 

ronin said:

That's what I was thinking - I thought this guy whacked the lady for $900 or something - $50? Are you kidding me? That figure has been on at least half the accident invoices I've done this past year, if not more.... and they certainly weren't radical like Mr Spain explained. He deserved more - he did the work, that's his job, and should get paid.

 

Larry Lange said:

I think Anna Gonzalez should get the death penalty.....with no appeal...since she is illegal. we now have to pay for her to live for the next 17 years? Im sure when she is released in 7.....she will be granted citizenship........We will then pay to sipport her through welfare since she wont be able to get a job. What a way to run a railroad!!!

 

pdaddyvr6 said:

I still don't quite understand who should pay?  If the son owned the vehicle, which is an assumption, can you hold the mother responsible?  I am wondering for future reference.

 

lantz70 said:

concord you hit the nail on the head.

 

Silverhawk  said:

Almost everyone wants something for nothing.  Just today we had to release all the contents of a DUI (2nd offense) vehicle.  State law requires it.  After August 1st, we will have to release vehicles to someone with just a notarized bill of sale.  That also is part of the new Title 55 law just passed.  The good thing about the new law;  it gives us legal rights to go after the owner of the vehicle for any balance on the towing/recovery/storage bill after the vehicle is sold at auction by us.  There is a 90 day limit on the storage fees however.  I can see a problem when we go after the registered owner and he shows where he sold the car to Mr. Freeloader! prior to the accident.   

 

concordtowing said:

One thing that you have to realize about SC is that it has some really poor economic areas. Trust me I know,I have property in Chesterfield Co. and they are some people that are on the welfare, and other gov't assistance programs that just don't want to do better for themselves,those people think that you owe them,then there are people that work any odd/part time job plus a regular job to provide for themselves and their families. The latter people will pay a bill they just might ask for a payment plan. I know everybody is suffering in this economy but when I see someone walk in my office and they have spent money on fancy clothes,and cars with fancy wheels and want to fuss about not having any money I have no mercy or pity on them,we all make bad choices in life and we all have to pay up. I'm with the others my bill would have been a lot more for clean up that I spent that much time on. I hope we can hear all the story at some point.

 

Wade200 said:

I think the bigger picture here is (and no offense to anyone).
Number 1, if the illegal person hadn't been in our country to begin with this wouldn't have happened.
Number 2, if the people involved had insurance, as required by law, they wouldn't be discussing this invoice.

Again, this is a very sad situation and I don't think anyone should die no matter what stupid thing they are doing. But, when people blatantly break the law and then expect me to do my job for free...I'm sick of it.

 

[rreschran]

This was an old topic. But, it's always a current topic for tow companies that respond to evidence tows, DUI crashes and Fatals. I'm working on a project as wonder what you're take is on requiring accident participants to pay for towing, recovery, cleanup, storage and any paperwork process your state requires? I'd like your short but honest opinion as to the nature of the death, the sensitivities it presents, versus your right to be paid to the work you've provided? The heart of my research may be forwarded to the federal Crimes Victim's Fund. Note, your responses may be included in a final product so please respond accordingly. Thanks in advance.     R.

Edited September 24, 2020 by rreschran

[fenderbendr6]

Fatal crashes are always difficult. Each one is different, but the best case scenario is the single vehicle crash with full coverage insurance. These usually are handled pretty quickly. We get paid, and the vehicle is removed. The other end of the spectrum would be the multi vehicle crash when, at least one of the vehicles is not insured. Maybe there is a dispute about who is at fault, and the highway patrol dispatched a different tow company for each vehicle. Many times, this leads to extended investigations, possibly lawsuits, with the tower being asked to store vehicles as evidence for months, and nobody taking responsibility for paying the bill.

[Stubborn66]

 

On 9/23/2020 at 9:06 PM, rreschran said:

I'd like your short but honest opinion as to the nature of the death, the sensitivities it presents, versus your right to be paid to the work you've provided?

I think Concord towing hit the nail on the head with his statement above, we are in business and not tax payer supported.  I don't see any reason not to create the bill as normal, understanding the emotions involved is not a reason for us to become a charity.  

Personally I have not dealt with this particular problem ( fatality)  yet but I will create the invoice as normal at full rate.  If I don't get paid, it will go as a loss on my books come tax time, if I choose to not collect, it becomes charitable contribution come tax time.