It’s a stressful situation: you return to your car and find a tow truck preparing to haul it away. Questions race through your mind, especially if you’re still in or near your vehicle, or if it’s running. Can they legally tow your car if it’s running? What are your rights when faced with a tow truck, particularly in scenarios where your car might be considered ‘running’ or actively in use? Understanding your rights in these moments is crucial to avoid unnecessary towing fees and protect your vehicle. This guide provides essential information about your rights when encountering a tow truck, focusing on situations where your car is being hooked up and clarifying what actions a tow operator can and cannot legally take.
Understanding Your Rights When a Tow Truck Arrives
Knowing your rights can make a significant difference when dealing with a tow truck, especially in private property towing situations. Laws are in place to protect car owners from unwarranted tows and excessive fees. Crucially, the stage of the towing process when you arrive at your vehicle determines your rights and potential charges.
Here’s a breakdown of your rights based on when you encounter the tow truck:
Car Not Fully Hooked Up
If you arrive back at your car and a tow truck is in the process of hooking it up, but it’s not fully hooked up and ready for towing, you are in a favorable position. Legally, in this scenario, you have the right to take your car back without paying any fees whatsoever. You are not obligated to prove ownership of the vehicle at this point. The law protects you by allowing you to retrieve your car before the towing process is complete. This is a critical point: if the tow truck is still in the process of connecting to your vehicle, you are entitled to leave without charge.
Car Fully Hooked Up, But Still on the Parking Lot
The situation changes slightly once your car is fully hooked up, ready for towing, but hasn’t yet been removed from the parking lot. In this case, you still have the right to retrieve your vehicle. However, you are required to pay a “drop fee.” Like the previous situation, you are not required to prove immediate ownership of the car. The drop fee is intended to compensate the towing company for their time and effort in preparing to tow your vehicle. It’s important to note that there are maximum limits to drop fees, and these fees must be clearly stated. Tow truck operators are also legally obligated to accept various forms of payment for drop fees, including cash, credit cards, and debit cards.
Car Already Towed to a Vehicle Storage Facility (VSF)
Once your car has been towed away and taken to a Vehicle Storage Facility (VSF), the process for retrieval becomes more involved. To recover your car, you will need to:
- Locate your car: Call the phone number listed on any “no parking” signs in the area where your car was towed. This number should direct you to the towing company or VSF holding your vehicle.
- Prove ownership: At the VSF, you will need to document that you are the owner or authorized user of the vehicle.
- Pay towing and storage fees: You will be responsible for paying all legitimate towing and storage fees to retrieve your car.
You also have certain rights at the VSF:
- Access for documents: You have the right to access your car to retrieve ownership documents without paying a fee.
- Access for personal property: Similarly, you can access your car to recover personal belongings without charge.
- 24/7 Claim Access: If the VSF operates 24 hours a day, you can claim your car at any time, typically within an hour of your request. VSFs with limited hours must allow car retrieval within an hour of request between 8:00 a.m. and midnight Monday through Saturday, and 8:00 a.m. to 5:00 p.m. on Sundays (excluding national holidays).
What You Should Do When Faced with a Tow Truck
Your actions when encountering a tow truck are crucial in exercising your rights and minimizing costs.
If Your Car is Being Hooked Up (Not Fully Hooked)
Demand Release Without Charge: If you return to your car while it’s being hooked up but not fully ready for towing, immediately request the tow truck operator to release your vehicle. You are legally entitled to this without any charge or proof of ownership at this stage. Be clear and firm in stating your right to have your car released without payment.
If Your Car is Fully Hooked Up (But Still on Site)
Prepare to Pay the Drop Fee: If your car is fully hooked up but still on the parking lot, and you wish to take your car back, be prepared to pay the drop fee. Inquire about the exact amount and acceptable payment methods. Remember, the maximum drop fee is regulated and varies based on vehicle weight. Ensure the fee being charged does not exceed the legal limit. Towing companies must accept cash, credit cards, and debit cards for drop fees.
If Your Car Has Already Been Towed
Find the VSF: Your first step is to locate your vehicle. Refer to “no parking” signs for contact information or check with local authorities if signs are not visible.
Gather Required Documents: Prepare your photo identification and proof of ownership or authorized use of the vehicle. Acceptable forms of ID and proof of ownership are clearly defined (driver’s license, insurance card, title, etc.).
Understand Fees: Familiarize yourself with the legally permissible towing, storage, notification, and impoundment fees. Question any charges that seem excessive or not clearly explained.
Tow Hearings: Contesting a Tow
If you believe your car was wrongfully towed, improperly stored, or if you were overcharged, you have the right to request a tow hearing. This hearing is conducted at a Justice of the Peace Court in the county where the tow occurred.
Key points about tow hearings:
- 14-Day Deadline: You must request a tow hearing within 14 days of the tow.
- Grounds for Hearing: You can contest the tow if you believe it was wrongful, the storage was improper, or the fees were excessive.
- Notice of Hearing Rights: Towing companies and VSFs are legally obligated to provide you with information about your right to a tow hearing and the process to request one.
What You DO NOT Have the Right to Do
It’s equally important to understand what you are not entitled to do in towing situations:
- Damage the Vehicle at VSF: You cannot remove or dismantle any parts from your car while it is stored at the VSF.
- Retrieve Car Without Payment: You cannot legally take your car from the VSF without paying the legitimate towing, storage, and other allowed fees.
- Boot Removal Without Fee: If your car is booted instead of towed, you must pay the booting fee to have it removed.
- Retrieve Car Without Proof of Ownership: VSFs are required to verify that you are the owner or authorized user before releasing the vehicle.
- Retrieve Car Before VSF Placement (After Towing Begins): Once your car is legally towed from the parking location, you generally cannot retrieve it before it reaches the VSF.
Navigating Towing Situations Effectively
Understanding your rights when facing a tow truck, particularly in situations where your car might be running or you are present, is essential. By knowing when you can demand release without charge, when you need to pay a drop fee, and your rights regarding tow hearings and VSF procedures, you can navigate these stressful situations more effectively and protect yourself from unlawful towing practices and excessive charges. Always remember to remain calm, document everything, and assert your rights as a vehicle owner.
