COCOA, Fla. -- A man's truck became evidence when a motorcycle rider clipped it in a crash. The truck's owner did not break any laws, but Cocoa police refused to give his truck back unless he paid hundreds of dollars.

The intersection of Fiske Boulevard and Peachtree Drive in Cocoa is the spot where Mike Gillard was stopped at a red light Friday when he spotted an out-of-control motorcycle.

"Tremendous speed, I seen him go down," said Gillard.

He saw the motor cycle flying toward him. He turned his wheels trying to avoid a collision, but had nowhere to go. The bike skidded on the ground, brushed the bottom of his truck and kept going.

The motorcycle struck the car behind him and it was totaled.

Emergency crews swarmed the scene. The motorcyclist was airlifted to Holmes Regional Medical Center in critical condition.

Somehow, Gillard's truck didn't have a scratch.

"My truck did not have any damage on it. I asked him, could I take my truck, he said no," he explained.

Police thought the motorcyclist was going to die, so they took his truck as part of the investigation.

When he tried to get it from Ace Wreckers two days later, he was told he had to pay hundreds for it.

"They told me it's going to cost $795," he said.

Its money Gillard says he doesn't have, and the cost goes up each day it's impounded.

"If don't know when I'm going to get my truck," he said.

Cocoa police told him to file an insurance claim and told WFTV that's what insurance is for. But after WFTV called and explained the situation, officers called Ace Wreckage who agreed to release the truck at no charge.

Five days without transportation, Mike Gillard is happy to be back behind the wheel.

"It's good now. I still don't like what happened," he said.

Tow companies say standard practice is to charge for every vehicle they take in. It doesn't matter who it belongs to because that's how they make money.

But occasionally, they will waive the fee under circumstances like Gillard's.