Do I Have the Right to Choose a Tow Company When the Police Order the Tow?

When the police order a vehicle to be towed, they typically have the authority to designate which tow company will be used, especially in situations involving accidents, illegal parking, or other law enforcement needs. However, in some jurisdictions, you may have the right to request a specific company, given you are the vehicle's owner and the circumstances allow.

This article explores the factors that influence whether you can choose a tow company when the police order the tow and offers insights based on real scenarios and legal considerations.

Understanding Police-Ordered Tows

In general, when law enforcement directs a vehicle to be towed, they often have the authority to dictate which towing company is utilized. This is particularly true in situations involving:

Vehicle accidents Illegal parking Law enforcement needs (e.g., securing evidence) Legal actions (e.g., DUI, no insurance, no driver's license) Stolen vehicle recovery Major vehicle accidents (MVA)

When You Can Choose a Tow Company

There are instances where you can request a specific tow company, particularly if you are the owner of the vehicle and the situation allows. However, this is not a universal right and can vary depending on local laws and regulations.

Legal Considerations

Local Laws and Reguations: It's crucial to check the specific laws and regulations in your area regarding towing practices and police authority. These can provide guidance on when and whether you have the right to choose a tow company.

Consult a Legal Professional: If you believe your rights are being violated, consulting with a legal professional can provide valuable advice and support based on your specific situation.

A Personal Experience

Unfortunately, in some cases, the situation is not entirely negotiable. For instance, one individual faced the reality that the tow company was contracted by the police department and had a minimum fee agreement with the city, regardless of the tow distance.

Example: In a recent situation, a vehicle owner had to pay even though the tow was only a couple of blocks from their house. This highlights a common practice where towing companies, especially those contracted by the police department, establish agreements that can force the vehicle owner to pay more.

Towing Procedures in Police Operations

The procedures for towing vehicles can vary based on the circumstances:

For DUI Impoundments: If the vehicle is being towed due to a DUI incident, the officer may ask if you have a preference for a particular tow company. However, if they can't get in touch with you, the next available company on the approved list will be used. Stolen Vehicle Recovery: If the vehicle is a stolen vehicle, the towing decision may depend on whether the police need to secure it as evidence or if it can be handled swiftly. Vehicle Involved in an Accident: In major accidents (MVA), the decision may lean towards using the company with which the police department has a contract to ensure timely and proper handling. Random Breakdowns: In cases of random breakdowns, if the primary towing company (e.g., AAA) cannot respond in a timely manner, the next available company on the approved list will be used.

Conclusion

The ultimate decision regarding which tow company is used can vary widely depending on the situation and the jurisdiction's regulations. While there may be limited instances where you can choose a company, these situations are not always guaranteed.

To ensure your rights are protected, it's essential to be informed about local laws and regulations and to seek legal advice if needed. Understanding these nuances can help you navigate the process of vehicle towing more effectively.