Illinois Compiled Statutes
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625 ILCS 5/18d-120
(625 ILCS 5/18d-120)
Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences.
(a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section.
(b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing:
(1) The formal business name of the commercial
vehicle safety relocator, as registered with the Illinois Secretary of State, and its business address and telephone number.
(2) The address of the location to which the vehicle
(3) The cost of all relocation, storage, and any
other fees, without limitation, that the commercial vehicle safety relocator will charge for its services.
(4) An itemized description of the vehicle owner or
operator's rights under this Code, as follows:
"As a customer, you also have the following rights
under Illinois law:
(1) This written disclosure must be provided to you
before your vehicle is towed, providing the business name, business address, address where the vehicle will be towed, and a reliable telephone number;
(2) Before towing, you must be advised of the price
(3) Upon your demand, a final invoice itemizing all
charges, as well as any damage to the vehicle upon its receipt and return to you, must be provided;
(4) Upon your demand, your vehicle must be returned
during business hours, upon your prompt payment of all reasonable fees;
(5) You have the right to pay all charges in cash
(6) Upon your demand, you must be provided with
proof of the existence of mandatory insurance insuring against all risks associated with the transportation and storage of your vehicle."
(c) The commercial vehicle safety relocator shall
provide a copy of the completed disclosure required by this
Section to the vehicle owner or operator, before towing the
damaged or disabled vehicle, and shall maintain an identical
copy of the completed disclosure in its records for a minimum
of 5 years after the transaction concludes.
(d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of
the disclosure to local law enforcement and, if known, the
vehicle owner or operator's automobile insurance company.
(e) If the commercial vehicle safety relocator fails
to comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking
any compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle
safety relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08