Terms of Service

01Acceptance of These Terms

This Agreement governs towing, roadside assistance, vehicle recovery, vehicle transportation, vehicle storage and related services provided by Silverback Towing & Recovery, LLC (“Silverback,” “we,” “us” or “our”).

Anyone who requests, authorizes, arranges or accepts our services (the “Customer”) agrees to this Agreement, subject to applicable federal, state and local law. It applies to vehicle owners, registered owners, authorized drivers, property owners and managers, insurers, motor clubs, commercial customers and other legally authorized representatives.

Nothing in this Agreement waives a statutory right, authorizes an unlawful tow or removes a legal obligation that applies to Silverback.

02Services We Provide

• Emergency and non-emergency towing.
• Roadside assistance.
• Breakdown transportation.
• Flatbed and rollback transportation.
• Accident and disabled-vehicle recovery.
• Winching and vehicle extraction.
• Local and long-distance vehicle transportation.
• Private-property towing, where legally authorized.
• Vehicle impoundment and storage, where legally authorized.
• Commercial vehicle and equipment transportation.
• Other related towing and recovery services.

Availability depends on equipment, operator availability, weather, road conditions, vehicle condition and the nature of the job. We may decline any job that cannot be performed safely or lawfully.

03Customer Authorization

By requesting service, you confirm that you are:

1. The legal owner of the vehicle;
2. The registered owner;
3. An authorized driver or operator;
4. An authorized agent of the owner; or
5. Otherwise legally entitled to request the service.

You authorize Silverback to load, secure, transport, recover and deliver the identified vehicle as agreed. We may ask for identification, registration, proof of ownership, written authorization or other documents reasonably needed to confirm your authority.

False information, or a request to move a vehicle you are not authorized to move, may result in refusal or discontinuation of service.

04Estimates, Pricing and Charges

We quote the price before the truck is dispatched. Depending on the job, charges may include:

• Base towing or service call fee.
• Mileage.
• Loading and unloading.
• Winching and recovery.
• Additional labor.
• Specialized equipment.
• After-hours or emergency service.
• Difficult-access or off-road recovery.
• Additional vehicles or equipment.
• Storage, where applicable.
• Other disclosed and legally permitted charges.

Price depends on vehicle size, weight, condition, location, distance, equipment needed and the complexity of the job. A quote is based on the information you give us. If conditions turn out to be materially different, we will tell you the revised price when reasonably practicable and get your approval before doing the additional work, where approval is required.

No charge will exceed a maximum set by statute or local ordinance. For nonconsensual tows, state and local governments may regulate the price, as preserved by 49 U.S.C. § 14501(c)(2)(C).

05Payment

Unless otherwise agreed in writing, payment is due on or before completion of the authorized service. We accept cash, card transfer, Zelle and Cash App, and other methods we approve.

You are responsible for the authorized charges for completed services. A payment dispute does not by itself cancel a properly established lien or other lawful claim, and a claimed lien does not take away your right to contest the charges or seek relief in court.

We will not charge unauthorized, undisclosed or legally prohibited fees. Any card surcharge will comply with applicable law and card-network rules.

06Cancellation and Gone-On-Arrival (GOA) Fee

Once a job is accepted and a truck is dispatched, a Gone-On-Arrival (“GOA”) fee equal to 50% of the agreed price applies if the job cannot be completed because:

• You cancel after dispatch.
• You are not at the agreed location or cannot be reached.
• The vehicle cannot be accessed.
• The location given was incorrect.
• You lack authority to request the service.
• The vehicle’s condition is materially different from what was described.

The GOA fee is disclosed when the job is quoted, reflects the time and travel already committed, and will not exceed what applicable law allows.

07Vehicle Condition and Existing Damage

Tell us about known conditions before service begins, including:

• Existing body or frame damage.
• Mechanical defects.
• Disabled steering or brakes.
• Missing wheels or tires.
• Modified or lowered suspension.
• Aftermarket body parts.
• Electric or hybrid drivetrains.
• Damaged drivetrain components.
• Missing keys or transmission problems.
• Accident damage.
• Anything else that affects safe loading or transport.

We may document the vehicle’s condition with photographs, video and written notes, and you authorize the inspection reasonably needed to choose the right towing and loading method.

We use reasonable care. Pre-existing damage, undisclosed defects and mechanical failures not caused by us are not our responsibility. Nothing in this Agreement excludes liability for our negligence, intentional misconduct or any other liability that cannot lawfully be excluded.

08Loading, Securing and Transport

We use reasonable care and suitable equipment to load, secure, transport and unload vehicles. Tell us about any special loading or transport requirements.

Do not touch or interfere with winches, cables, straps, chains, wheel lifts or other equipment. We may refuse transport if a vehicle is unsafe to load or our equipment is not suitable.

Routes and delivery times can be affected by traffic, road restrictions, weather, weight limits, bridge restrictions and other conditions.

09Personal Property Inside Vehicles

Please remove valuables and personal belongings before your vehicle is towed, including cash, jewelry, electronics, firearms, medication, identification documents, business equipment and other valuables.

If your vehicle is held at our storage lot, you may retrieve personal belongings once, escorted by Silverback personnel, during an arranged visit, to the extent North Carolina law allows. Where the law gives you a broader right to recover property, that right controls.

Silverback is not an insurer of unattended personal property. This section does not allow us to unlawfully dispose of, withhold, destroy or convert anyone’s property. Statutory requirements on personal property, commercial cargo and vehicle release, including N.C. Gen. Stat. § 20-219.15, control.

10Delays and Circumstances Beyond Our Control

Arrival and delivery times are estimates unless we agree otherwise in writing. Delays can be caused by traffic, weather, road closures, accidents, emergency calls, mechanical or equipment failure, law-enforcement activity, roadside safety conditions and other circumstances outside our reasonable control. We will make reasonable efforts to tell you about significant delays.

11Customer-Requested Towing

A customer-requested tow must be authorized by the owner, registered owner, an authorized operator or another person legally entitled to authorize it. We may rely on reasonable representations of authority and may ask for verification. You agree to pay the agreed charges for authorized work.

A customer-requested tow is separate from a private-property removal or other nonconsensual tow.

12Private-Property and Nonconsensual Towing

We perform private-property towing only when it is legally authorized, on authorization from the property owner, lawful possessor, property manager or another person with legal authority. Where applicable, we keep written agreements establishing that authority.

Private-property towing must comply with:

• Applicable North Carolina General Statutes.
• The Currituck County Code and any applicable municipal ordinances.
• Property-owner authorization requirements.
• Posted parking restrictions and signage requirements.
• Towing and storage fee limits.
• Owner notification requirements.
• Vehicle retrieval and release requirements.
• Consumer-protection law, including N.C. Gen. Stat. § 75-1.1.

A private-property towing agreement does not by itself establish that every vehicle on that property may be removed. We will not knowingly remove a vehicle without the required legal authority, and we will not tow an occupied vehicle where the law prohibits it.

Nothing in this section makes an otherwise unlawful tow lawful.

13Private-Property Towing in Currituck County

Silverback operates primarily in Currituck County, North Carolina. N.C. Gen. Stat. § 20-219.2 contains private-lot towing rules that apply only to the counties and municipalities listed in subsection (c) of that statute. Currituck County is not on that list.

We therefore do not claim that § 20-219.2 governs every private-property tow in Currituck County. Local ordinances, other state statutes, contractual authorization and consumer-protection law are evaluated separately, and we comply with any local requirements that apply. We do not rely on this Agreement alone as authority to remove a vehicle.

For tows performed in Virginia, applicable Virginia law controls, including Va. Code § 46.2-1231 et seq. and any applicable local towing ordinance.

14Vehicle Storage and Impoundment

Vehicles lawfully brought to a Silverback storage facility may be subject to towing, storage and other legally permitted charges. Storage begins when the vehicle is actually accepted into storage, subject to applicable law and any controlling agreement.

Our storage records may include the vehicle’s make and model, VIN, license plate, date and time received, towing authorization, origin, condition on arrival, photographs, charges, owner or lienholder information and release information.

Storage charges must be reasonable and legally permitted. We may assert a possessory lien where the law allows it.

15Statutory Liens and Enforcement

Silverback may assert a possessory lien for qualifying towing, repair, service and storage charges under N.C. Gen. Stat. § 44A-2(d), subject to the requirements and limits of Chapter 44A.

Under § 44A-3, a possessory lien generally arises when we take possession of the vehicle and ends when possession is voluntarily given up or the amount secured, plus allowable expenses, is paid or tendered. Under § 44A-4, unpaid towing and storage charges may be enforced by sale only after the statutory period following the date payment became due.

Any sale or disposition to satisfy a lien will follow the statutory procedure, including:

• Required notices.
• N.C. Division of Motor Vehicles procedures.
• Notice to reasonably ascertainable owners and secured parties.
• Hearing rights.
• Required waiting periods.
• Public or private sale requirements.
• Distribution of sale proceeds.
• Title transfer requirements.

Silverback does not become the owner of a vehicle merely because charges are unpaid, and no vehicle will be sold, transferred, destroyed or otherwise disposed of except through a lawful procedure.

16Unclaimed Vehicles

Under N.C. Gen. Stat. § 20-77(d), a business that stores vehicles for the public must report a vehicle that remains unclaimed for 10 days to the Division of Motor Vehicles within five days after that period ends. Failing to report can forfeit the right to collect storage charges for the period the statute specifies.

We keep unclaimed-vehicle records, follow these reporting and notice requirements, and handle any later disposition under Chapters 20 and 44A.

17Vehicle Retrieval and Release

To release a stored vehicle, we may ask for:

• Government-issued photo identification.
• Proof of ownership or legal authority.
• Vehicle information.
• Authorization from the registered owner or secured party, where applicable.
• Payment of lawful charges, or another legally acceptable arrangement.

We provide an itemized statement of charges when required by law. Release follows applicable statutory rights, court orders and legal restrictions. Where the law prohibits it, we will not require you to waive legal rights, release Silverback from liability or sign an unrelated waiver to get your vehicle back. We may ask you to sign a receipt confirming release.

18Law-Enforcement and Public-Authority Towing

Tows directed by a law-enforcement officer or other public authority may be governed by N.C. Gen. Stat. §§ 20-219.9 through 20-219.15, which cover:

• Notice to the registered owner.
• Where the vehicle is stored and why it was towed.
• How to retrieve the vehicle.
• The right to a probable-cause hearing.
• The option to pay the towing and storage charges or post the statutory bond to get the vehicle released.
• Court procedures concerning the lien.

Where § 20-219.11 applies, notice must be given within 24 hours for vehicles registered in North Carolina and within 72 hours for vehicles registered in another state, as the statute provides.

We respect the notice and hearing responsibilities of the authorizing agency, cooperate with it, and keep the required towing records.

19Commercial Cargo

N.C. Gen. Stat. § 20-219.15 requires that commercial cargo in certain nonconsensual and law-enforcement-directed tows be returned promptly to its owner or authorized designee on request, and sets out a trailer-exchange procedure for qualifying trailers.

Silverback complies with these requirements. Nothing in this Agreement allows us to withhold commercial cargo contrary to law.

20Damage Claims

Report suspected damage as soon as reasonably possible. Include:

• Your name and contact information.
• Vehicle identification.
• Date and location of service.
• A description of the damage.
• Photographs or other supporting documents.
• Your invoice, if you have it.

We review damage claims in good faith. We are not responsible for damage caused by pre-existing conditions, unrelated mechanical failures or circumstances we are not legally responsible for. We remain responsible for our own negligence and other legally actionable conduct, and nothing in this Agreement is a blanket release of liability.

21Insurance and Third-Party Payers

You are responsible for keeping insurance on your vehicle and property. Contact your insurer about towing reimbursement, roadside benefits, transport coverage and damage claims.

We do not guarantee that an insurer, motor club, warranty company or other third party will pay for or reimburse our services. You remain responsible for authorized charges unless another party has expressly agreed to pay them.

22Right to Refuse or Stop Service

We may decline or stop service when:

• The work would violate the law.
• Authority to request the service cannot be established.
• The work creates an unreasonable safety risk.
• The vehicle needs equipment we do not have available.
• The vehicle cannot be transported safely.
• The information provided is materially inaccurate.
• Someone threatens or interferes with the operator.
• Weather, road or other conditions make the work unsafe.

Charges for authorized work already performed remain due under the agreed pricing and applicable law.

23Customer Conduct and Safety

Follow the operator’s reasonable instructions and stay well clear of the truck, winch, cables, straps, chains and loading equipment. Do not interfere with loading, unloading, recovery or transport. Threatening, abusive, violent or unsafe behavior may end the service where the law allows.

24Privacy

We collect the information reasonably needed to provide and document our services, such as your name, phone number, email, vehicle details, license plate, VIN, service location, payment details, photographs and service history. How we collect, use, share and protect it is explained in our Privacy Policy at www.silverbacktowing.net/privacy-policy, which is part of this Agreement.

25Consumer Protection and Fair Practices

Silverback conducts business in line with North Carolina consumer-protection law, including Chapter 75 of the General Statutes and N.C. Gen. Stat. § 75-1.1, and federal law, including Section 5 of the FTC Act, 15 U.S.C. § 45. We will not knowingly engage in unfair or deceptive acts or practices, and we communicate prices, services and material conditions honestly and accurately.

Nothing in this Agreement limits your right to file a complaint, pursue a legal remedy or exercise statutory consumer rights, including by contacting the North Carolina Attorney General’s Consumer Protection Division.

26Electronic Communications and Signatures

You may communicate with us by phone, text message, email or other approved electronic methods. Electronic records, signatures and authorizations may be used to document service requests and agreements, as permitted by the North Carolina Uniform Electronic Transactions Act (N.C. Gen. Stat. Chapter 66, Article 40) and the federal E-SIGN Act (15 U.S.C. § 7001 et seq.).

Electronic records do not remove any legal requirement for a specific written authorization, signature, notice or filing.

27Dispute Resolution

Please contact us first about billing questions, service concerns, vehicle condition disputes or other complaints. We will make reasonable efforts to review and resolve legitimate concerns.

This Agreement does not require arbitration, does not waive your right to bring a legal claim, and does not stop you from contacting a government agency.

28Governing Law and Venue

This Agreement is governed by the laws of the State of North Carolina, except where federal law or, for services performed in another state, that state’s law applies. Any legal proceeding must be brought in a court of competent jurisdiction and proper venue under applicable law. Nothing here takes away a venue or remedy the law protects.

29Severability

If any provision of this Agreement is found invalid, unlawful or unenforceable, the remaining provisions stay in effect to the extent the law allows, and the invalid provision does not invalidate an otherwise lawful service agreement.

30No Waiver of Statutory Rights

Nothing in this Agreement:

• Authorizes an unlawful tow.
• Removes a vehicle owner’s statutory rights.
• Overrides an applicable local ordinance.
• Removes a required notice or hearing.
• Permits unlawful disposal of a vehicle.
• Authorizes charges prohibited by law.
• Removes liability that cannot lawfully be waived.
• Prevents you from pursuing a legal remedy.

Where applicable federal, state or local law conflicts with this Agreement, the law controls.

31Changes to These Terms

We may update these Terms to reflect changes in our operations or in statutes, regulations or other legal requirements. The current version is always posted at www.silverbacktowing.net/terms with its effective and last-updated dates. Changes do not retroactively remove rights or obligations that arose under an earlier version.

32Contact Us

Questions about this document, your invoice, a stored vehicle, vehicle release or your information can go to:

Also see our Privacy Policy.