'A very scary feeling': Newmarket family cries foul after tow truck company takes vehicle

The Shafa family refused to pay a $970 bill for towing following a collision

newmarkettoday.ca
Jospeh Quigley
March 15, 2022

Newmarket resident Destiny Bourgeois Silva said a bad car accident experience was made worse when a tow truck company arrived on the scene.

She said she crashed into the rear of another vehicle stopping quickly at a light in slippery conditions Feb. 4 in Vaughan. As she tried to navigate dealing with her first collision, she said a tow truck she did not call arrived on the scene.

Unsure of how to handle the situation, Silva said she attempted to call the Canadian Automobile Association, but was dissuaded by the tow driver.

When they arrived at Newmarket Auto Body, Silva said she was surprised when asked to pay $970 for the tow, which she said was not mentioned beforehand. When her family refused to pay after she was dropped off at home, she said the tow truck made off with her vehicle -- which they have been unable to get back.

“I was just really terrified, and I was shocked for a couple of days after that,” Silva said.

The family is speaking out about poor towing company practices after their experience in the hopes of creating awareness for others. Complaints such as theirs have been a point of focus for governments, with the Town of Newmarket introducing a new bylaw in 2020. The province also introduced new rules for the sector last year to address concerns and is consulting for further regulations to come.

But Melissa Shafa, Silva’s mother, said despite the new rules, the towing company was still able to get away with poor behaviour with them. She said the tow truck driver told them that their car was a write-off without providing evidence, and that the car belonged to the company until they paid for the tow.

Shafa said after five days of back and forth with the company --with the driver threatening court action and telling her that she would have to pay more each day she refused to pay -- she met with the tow driver at an auto body in Concord. She said under pressure, she signed over ownership of the vehicle, paying the company $170 to take it away.

“I was horrified,” she said. “I was under full duress. I was being threatened.”

NewmarketToday reached the company, Petros Roadside Assistance by phone, and a manager said he would check into the matter and call back. NewmarketToday called back and left a voicemail on two separate days after that and has yet to receive a reply to a request for comment.

The family initially tried to have the car dropped off at Newmarket Auto Body. Operations manager Lorne Bergeron confirmed the $970 bill, which the tow company asked them to pay. But he said they could not pay that at the time as an insurance claim was not made in advance, and they would be out-of-pocket for the difference if insurance did not cover it.

Shafa said she made an insurance claim right away but is still in discussions with her insurance company over the claim.

Shafa said they filed a report with York Regional Police, though officers indicated they could only advise rather than take action. Media relations Const. Laura Nicolle said that typically such incidents are civil or fall under municipal bylaws.

The Town of Newmarket tried to respond to similar complaints in 2020, passing a bylaw to regulate tow trucks. Manager of regulatory services Flynn Scott said the bylaw came about because of residents reporting negative experiences with tow trucks, such as inconsistent rates and a lack of transparency in billing.

“It’s a pretty serious issue in all municipalities across the province. There are lots of complaints of different tow rates,” he said. “Our goal of the bylaw was really to ensure transparency for the customer, including enhancing safety measures.”

In Newmarket, towing companies now have to be licensed under the bylaw to operate. An estimated invoice within 10 per cent of the final bill must be provided and approved before towing takes place. Vaughan’s tow rates sheet also similarly indicates providing an estimate no greater than 10 per cent of the final cost.

Newmarket's tow rates are set at a maximum flat rate of $250 for a passenger vehicle, with $1.55 per kilometre after the first 30 kilometres, besides other possible fees like winching. Vaughan's rate is a flat $280, with $3.58 per kilometre for going beyond city limits.

Scott said bylaw staff work alongside York Regional Police around collisions and receive information from them. But he added concerned residents need to call in if they suspect a tow truck company in Newmarket is not complying with town bylaws.

“Bylaw officers aren’t called out to accident scenes,” he said. “That’s why we strongly encourage residents to reach out.”

You can make a complaint through the town's customer service at 905-895-5193.

The town said they received 30 complaints about tow trucks in 2018/19. Since implementing the bylaw in 2020, the town said it has issued four tickets and three warnings to companies. Scott said the bylaw has not come under review yet, as they are waiting to see what comes of the province’s ongoing consultations for new regulations.

Shafa said she would have been willing to pay thousands to repair their vehicle had she been given the opportunity. She expressed regret for signing over the ownership and said she hoped the story could help inform others.

“I didn’t even want to give that ownership. I was there, under duress, fully humiliated. But there was a very scary feeling,” she said.