No Damages For Towing Company, Judge Rules

Last updated Thursday, December 4, 2008 6:40 PM CST in News

    Correction: Sgt. Shane Pegram's name was misspelled in a report in Tuesday's editions. Pegram is public information officer for the Springdale Police Department.

    By Robin Mero
    THE MORNING NEWS

    The owner of a towing company lost a Monday court battle seeking damages for lost revenue after the Rogers Police Department removed him from its call list. Jim Erwin will sue to get back on that list, his attorney said.

    Jim Erwin Wrecker Service was removed in January 2007 from a rotating list Rogers dispatchers use when vehicles need towing, according to testimony. City officials said the removal came after several service complaints.

    Marck Industries Inc., a recycling company based in Cassville, Mo., sued Erwin in May, saying Erwin charged an unreasonable fee in December 2006, when a Marck vehicle broke down at Eighth and Walnut streets in Rogers.

    Owner Kent Longley testified his company called its own wrecker service, which was going to charge $200. Rogers Police Department called a tow truck from its rotating list, and Erwin was first to arrive. Erwin charged $817.

    Longley complained to Rogers Mayor Steve Womack, then sued Erwin to recover part of that fee.

    In January, the city of Rogers took Erwin off the rotating list. Erwin countersued Marck, seeking $156,000 in damages for lost business.

    Capt. James Baker testified the police department has a four-page policy agreement with several wrecker services. Erwin was on the list since at least 1998. The December incident with Marck did not violate any policy, but there was a series of complaints against Erwin. The police chief made the decision to remove the company from the list, he said.

    Longley's attorneys, Josh Meister and Joanne McCracken, said they weren't his original attorneys, and the suit should have been filed in a district court. The first attorney also failed to respond timely to filings, and Benton County Circuit Judge Xollie Duncan found liability against Marck, they said.

    Duncan found no damages after a Monday hearing, however. She said Erwin's company didn't show specific damages, and she couldn't speculate what they might be.

    Erwin's attorney, Carol Gillespie, said city officials have refused to put Erwin back on the list.

    "We will pursue the city of Rogers in court," Gillespie said. "The good old boy system got him fired, and he's being punished for it. It's the nature of the business for people to complain about towers."

    Springdale Police Department also uses a rotating list to arrange tow services, and Erwin is on that list, said Shane Pegram, public information officer.

    "We've had this policy for several years and have no problems," Pegram said. "We clearly outlined our professional and ethical expectations."

    Companies must charge reasonable fees based on comparisons with other companies. After three substantiated complaints, a company can be removed, Pegram said.

    Bentonville and Fayetteville departments each selected one company to call for towing services, according to representatives of those departments.

    Reader Comments (20 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    Rogers123 wrote on Dec 1, 2008 10:21 PM:

    " Jim Erwin charges way too much!! A freind of mine had an accident out on I-540 and he tried to charge $14,000 to the insurance company after working the accident. Another aquaitance of mine had an accident were the vehicle rolled over but landed back on all fours and charged over a $1000.00 to get it back. If anyone has been towed by Jim Erwin Wrecker Service they will tell you the exact same thing, "He's way too high". By the way he is actually located in Pea Ridge. I think that's a little far out to respond in a timely matter. Usually 30-45 minutes....hmmmmmm?

    If a car is impounded or wrecked in Rogers, it should go to a tow company in Rogers unless vehicle owner has a preference. Why should a person have to drive all the way to Pea Ridge to get their vehicle and pay twice to three times as much?

    Truth be known Rogers Police should just use wrecker companies inside the city limits! Theres more than enough of them and they charge reasonable rates. "

    moneyfornothin wrote on Dec 1, 2008 10:51 PM:

    " Erwin towed a car belonging to a family member after being called by the Fayetteville police. The tow charge was off the charts, paid by the body shop and had to be fully reimbursed in order to get the car out.
    Apparently Erwin is quite good at working his way around the system.
    They need to be off all the tow lists.. "

    BCR wrote on Dec 2, 2008 8:19 AM:

    " He charges these rates because he knows insurance is probably going to pick up the tab. No surprise insurance is so much. A person who has just been in an auto accident is in no position to negotiate a tow charge, and having the Rogers police turn victims over to this vulture is very poor. I support Roger's decision to keep him off the list. "

    native44 wrote on Dec 2, 2008 8:33 AM:

    " The Judge and should have Fined Erwin
    and Ordered a "Mental Evaluation"!! "

    CEW1 wrote on Dec 2, 2008 9:37 AM:

    " I know first hand about Erwins Wrecker Service. He charges way too much and rips you off. There should be some kind of control on how much they can charge. "

    Rogers123 wrote on Dec 2, 2008 9:57 AM:

    " Normal police calls average $125 + plus storage fees & taxes. Erwin Wrecker charges every extra fee he can think of so you cannot afford to get your vehicle back. Erwin has two auctions a year in Pea Ridge. 99% of what he is auctioning off is vehicles that were impounded! So in other words you get your car impounded, he makes the bill so high you can't afford to get it back, then it is auctioned!
    I don't know how Erwin could of lost $156,000 from not be on Rogers rotation. No tow company makes anywhere near that amount from that rotation list. That's gotta be a 3-4 year total!?!?!?! Maybe I'm in the wrong business!

    If more people would complain to the Arkansas Towing & Recovery Board instead of paying those high rates he would probably get his license revoked. "

    melter wrote on Dec 2, 2008 11:05 AM:

    " I have been in the car business in this area for more than 30 years. I have a standard line for those who ask me about Erwin: they don't do business the way we (or most) do business. There is generally a you scratch my back i'll scrath yours agreement among those in the business--they don't scratch- the last quote I got from them was $95.00 we got it done for $25.00 that is 380% higher...I also know first hand that the police does not allow you to choose who tows you from the scene of an accident. We have tried to tow our own....they won't allow it. It is the responsibility of the police to act in the best interest of the citizens and I don't think this is it unless there are clear and concise regulation of all tow companies serving us. and Rogers123 is right-the only recourse is to report to the AR tow board-in writing is best. "

    gem456 wrote on Dec 2, 2008 11:35 AM:

    " I know some tow companies. They get treated bad by the cops and they get treated bad by the people who own the cars. Unless they do the job for free no one is happy. How many rich tow companies have you seen? Not any. You get what you pay for, some people ought to remember that. Towers provide a service that everyone wants when they are stuck in a ditch but not when it comes to paying for it. If it was a huge money making business the cities would have their own companies and would not need any rotation lists. People need to get all of the information and not just what a paper decides to print so they can sell their paper. "

    gem456 wrote on Dec 2, 2008 11:39 AM:

    " By the way, how many people posting comments on here are towing companies? Not me. They just love to knock each other down. One less company means more work for them. Wonder why that is? "

    timstows wrote on Dec 2, 2008 3:48 PM:

    " I suggest everyone in here to go and purchase their own tow truck. You will pay at least 60,000 to 75,000 for the tow truck (that is for a small one, the big ones are all the way up to 500,000). As far as insurance on the truck, be ready to fork out at least 10k a year or more. Your first tank of fuel will run you about 70 to 80 dollars. Don't forget about your local fees for a tow license. Then factor in driver pay, truck maintenance and repairs, and 6 miles to the gallon. The guy who towed a car for 25.00 must have used a log chain and a beat up pick up truck, and no insurance. Who would want someone to tow their 30,000, 40,000 dollar vehicle with a piece of junk? You spend that kind of money on a car, then you wine about a 95 dollar tow bill. How about you getting up at 3am in the morning, or having to leave your family on christmas day, whats that worth to you?
    Their are other expenses too, realestate for a storage lot, phone expenses, advertising ect, ect, come on, go into business yourself and try it. GOOD LUCK!!! "

    nan123 wrote on Dec 2, 2008 4:21 PM:

    " No body likes to pay a tow bill, no matter what the circumstances. Most people whose cars are impounded or wrecked are facing other expenses, like repairs, deductibles, fines and even court costs, so the easiest and first target for their frustration is the tow guy. As for your rights, you can request the tow company of your choice, it's the law! I have done it! You know, I dont like to pay those hospital or doctor bills either, but am sure glad they are there when i need them! "

    nan123 wrote on Dec 2, 2008 4:47 PM:

    " By the way, Rogers123 seems know a bit about what the tows should cost and this AR board tow, etc... but what kind of trucks do you run? You sure have an attitude to be whining on behalf of other people, saying "a friend of mine, an acquaintance of mine", not having your own experiences to go by, sounds like a jealous competitor? H m m m m m..... "

    tim123 wrote on Dec 2, 2008 5:41 PM:

    " Hello, I am a former towtruck driver around here, I have a few comments to post. Mr. Erwin always ran top notch trucks, unlike some of my former employers who would run bald used tires and werent worried about my trucks weak brakes, no heater, and non working lights. I respected Mr. Erwin for taking such care of customer cars by towing them by the manufacturers guidelines, they didnt take shortcuts. I am now in the trucking line of work and have learned a few things about transportation laws. Most the towing trucks i see around here dont have the proper ICC, DOT, and MC numbers, or could even come close to passing a DOT inspection! Before i became a trucker, i applied at Jim Erwins for a job, and was asked if i had a health card and a minimum 3 years experience, or would be willing to take a training coarse. Amazed, after working at several other tow shops, i was offended and left with my wife enraged, because he pays better than anyone else. Now i have my healthcard and i drive the roads of america, but this article outrages me having learned a few things. Jim Erwin is the only true professional in his field! "

    timstows wrote on Dec 2, 2008 6:38 PM:

    " maybe melter can teach everyone how to run safe, top notch, damage free eqiuipment for 25.00 a tow. Wonder if somepeople even have workmans comp for their employee's, and proper training with certifications. And as far as the poor people who never got their cars back, maybe they shouldn't have been out drinking and driving, or driving without insurance, and should have proper proof of ownershi-usually required by the state in order for the tow company to release the vehicle back to them. Maybe they were in jail for a long time and storage bill kept growing. i have been to some of these auctions, most of these cars rarely bring enough to cover the towing and storage charges. TELL THE WHOLE STORY!!! "

    tim123 wrote on Dec 2, 2008 10:37 PM:

    " Seems to be alot of controversy about towing here. Apparently the used car salesman who has had his noted cars impounded, must be financing in house, or the bank would be picking up the car. As a prior wrecker driver, i learned a few things about these kind of carlots: $500 car that baredly runs, with a spit shine polish, just $500 down, $50 a week, $3999 total due! (For those who cant do better, or dont know better, or the first sucker who walks on the lot.) Seems like you should be saving your energy instead of posting considering you cant sleep at night. "

    timstows wrote on Dec 3, 2008 7:52 AM:

    " They auction them there 300,000 mile, 20,000 dollar towtrucks off for a reason, they are wore out. Go ahead get in the bussiness, don't forget to call and price your insurance first. I will call you at 3 am in the morning for one of them 25 dollar tows. "

    timstows wrote on Dec 3, 2008 8:00 AM:

    " By the way, did you all know that a bar pays on average about .50 cents a bottle for beer and then sells them for 2 to 3 dollars each? The same people complaining about the price of a tow are the same ones who got drunk on the beer but don't complain about the mark up.Its not illegal to make a profit. "

    BigTex wrote on Dec 3, 2008 11:34 AM:

    " Do wrecker companies in Arkansas engage in towing scams the way Texas towing companies do? In Texas, it isn't uncommon for a towing company to find a lot near a major public event and then take down the tow-away warnings. Then they wait for the lot to fill up and put the signs back up and tow all the cars. This sort of scam happened at the Texas-OU game in Dallas. "

    nolerick93 wrote on Dec 9, 2008 8:20 AM:

    " Timstows and Tim123 must be twins or Mr Erwin in disguise. 6 out of 18 post belong to him/them. Not every tow involves a DUI or something nefarious. BigTex-This price fixing is everyway. I am from Tallahasse,Fl and they also towed during college games in poorly signed area,big lawsuit changed all that. "

    7688 wrote on Dec 9, 2008 8:23 AM:

    " There is nothing wrong with a business making a profit on the product they offer. Capitalism is what this country was built on. When you charge considerably more compared to your immediate competitors there is a problem somewhere. Price gouging and profiteering should not be tolerated. "


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