Published: April 17, 2018 | Updated: February 13, 2020 | Posted by: Venus Zoleta | Car Insurance
Has your car ever been towed? If you’ve never experienced it, consider yourself lucky. Getting your car towed could be very stressful and nerve-wracking, more so if your rights as a motorist are violated.
Illegal towing isn’t uncommon in Metro Manila roads. Several times every day, the Metropolitan Manila Development Authority (MMDA) receives complaints about illegal towing activities, ranging from tow units with no license plates and rude behaviors of towing personnel to extortion and charging of high fees.
Protect yourself and your vehicle against unscrupulous tow truck companies. Know the towing rules and your rights when your car is towed.
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To prevent your car from getting hauled, you must avoid these three situations: illegal parking, vehicle breakdown, and road accident. MMDA or any of its accredited companies can tow your car under one of these circumstances.
Of the three reasons for car towing, illegal parking is the one you have the most control over. Even if it’s difficult to find a parking spot, never park your car on the street, especially one with a “No Parking” sign.
This is what a motorist learned the hard way when his vehicle—with his two kids inside—was towed in Makati last year. A mistake as simple as parking one’s car in the wrong place had led to a traumatic experience.
According to MMDA, the following areas in primary and secondary roads in Metro Manila are off-limits to anyone who wishes to park their vehicle:
Engine overheating, flat tire, empty fuel tank, and other things that cause a car to stall out can lead to a traffic jam. So do vehicle collisions. To prevent the already bad traffic from getting worse, the MMDA has to tow stalled or crashed vehicles. Keep this situation from happening to you by checking your car before you hit the road.
Only two kinds of trucks can tow vehicles. The MMDA Road Emergency Group tows cars that are stalled or involved in accidents. MMDA also authorizes 166 tow trucks from 37 private companies to tow illegally parked cars in Metro Manila.
If the truck that towed your car isn’t authorized by the MMDA to operate, the towing activity is considered illegal, and the company will be sued for colorum operation.
MMDA and its accredited towing services follow a strict procedure for towing illegally parked vehicles.
First of all, MMDA requires tow truck operators to alert the government agency’s MetroBase if they will do a clamping or towing operation. They can’t start towing cars until the MMDA gives them the go-signal.
The crew members must also wear the required uniforms and clearly display their IDs, aside from being courteous.
Not all cars parked illegally are automatically towed. In the MMDA’s book, there are two types of illegally parked cars:
An attended illegally parked car won’t be towed. An MMDA traffic enforcer will only issue a Traffic Violation Receipt (TVR) for illegal parking or obstruction.
If the vehicle is unattended, it shouldn’t be towed right away. The tow truck driver must first honk five times and then another five times after one minute. This is to alert the owner and give him or her the chance to vacate the area. The vehicle will only be towed if the driver doesn’t respond after 5 minutes.
Before the car gets towed (if the owner is present), the tow truck personnel must issue a Technical Inspection Report that includes the following information about the car:
No personnel is allowed to get in the car being towed when the driver is present. The erring driver will get a TVR at one of the MMDA’s impounding areas in ULTRA along Julia Vargas Ave., Ortigas, Pasig City or in Tumana, Marikina City.
Stalled cars will be towed in the following situations:
In all these cases, the MMDA issues a TVR to the driver.
If the MMDA Road Emergency Group tows your car after a breakdown or accident, you don’t need to pay for its services. The same goes for when your car insurance policy includes a free emergency towing service (subject to coverage limits) as a benefit.
The MMDA, however, imposes a fine of PHP 500 for illegal parking plus storage fees. On top of the penalty, a standard towing fee is charged for the first 4 km. plus PHP 200 per excess km. from the towing area to the impounding area.
Car insurance doesn’t cover damage caused by towing due to illegal parking. Some insurance providers cover vehicles damaged by an accident, though.
Any damage or missing parts incurred while towing the vehicle is the responsibility of the towing company, according to the MMDA.
Now that you’re armed with knowledge about your rights when your car gets towed, assert them when you’re caught in that situation. If you feel your rights are violated, file a complaint with the MMDA via its hotline 136. Stay tuned on this blog for our next post on what to do when your car gets towed.