PETALING JAYA: If you believe that you are duped by a tow truck operator after you are involved in an accident, lodge a police report, says lawyer KA Ramu (pic).
This is especially so when it involves offences such as cheating and extortion.
Ramu, a seasoned criminal defence lawyer, said examples of cheating cases included a driver who is deceived into handing over his vehicle to a tow truck operator who falsely claims to be representing an insurance company; operators making unnecessary replacements of vehicle spare parts; and overcharging the car owner for the work carried out.
“Depending on the severity of a case, the offences can be investigated as simple or aggravated cheating under Section 415 or 420 of the Penal Code, respectively.
“For the false claims of being appointed by an insurance company, the tow truck agent can also face a probe for ‘cheating by personation’ under Section 416 of the Code,” said Ramu, who has worked in the insurance industry, specialising in claims.
He said tow truck agents can also be held liable for vehicle theft under Section 379A of the Penal Code if they conceal a vehicle they towed and refuse to reveal its whereabouts.
“If they demand a ‘ransom’ or an exorbitant fee to release the vehicle, it can be considered as extortion and this warrants a probe under Section 384 of the Penal Code,” he added.
He said motorists are protected by multiple laws and can take civil action against rogue tow operators and workshops to recover losses.
“Often, many victims choose to pay up and move on to avoid any inconvenience, but this encourages the crooked tow truck agents to continue exploiting victims,” he added.
He said motorists should appoint a trusted third-party auto workshop to evaluate their vehicle to determine the actual cost of the alleged overpriced repairs before proceeding with civil action.
Ramu also said insurance companies should share the blame due to their lack of oversight in processing claims made by auto workshops.
“Insurance companies are running into losses when such overcharging takes place. The claims officer should go to the ground to investigate and not solely rely on the insurance adjusters to evaluate the damage,” he said.
“The initial accident report lodged with the police by an affected motorist can tell a lot about the damage suffered by a vehicle. Any additional repairs that raises suspicion should be closely investigated by the insurance company.
“If such stringent protocols can be in place, it will discourage shady workshops from profiteering.”
