Is it Legal for a Tow Company to Keep Your Personal Belongings if You Cannot Afford to Pay Towing and Storage Fees?

Introduction

When a vehicle is towed due to mechanics or ordinances, a question frequently arises regarding the legal rights of tow companies in retaining personal belongings. This article aims to clarify the legal standing of tow companies and the rights of vehicle owners in various jurisdictions.

Legal Standings Vary by Jurisdiction

The legality of tow companies retaining personal belongings is subject to specific laws or ordinances in each individual jurisdiction. These laws may dictate what actions that tow/impound companies are permitted to take with respect to personal property. Absent any specific regulation, tow companies typically have a policy of only allowing the registered owner of the vehicle to remove any items for liability purposes.

Registered Owner vs. Property Owner

In most cases, all items inside the vehicle are considered the personal property of the registered owner. The registered owner may have to pay towing and storage fees before being allowed to retrieve personal belongings. However, some tow companies may charge a separate fee for retrieval of personal items. In the absence of clear legal authorization, tow companies are generally allowed to keep items installed or affixed to the vehicle for the protection of the company.

What Can Be Removed?

Medical or safety devices installed in the car are more likely to be allowed for removal by the registered owner. Other personal items such as a box may be more difficult to remove without explicit permission or payment.

Options for Vehicle Owners

As the registered owner, you have the right to retrieve your personal property. However, if you cannot afford the towing and storage fees, there are a few options:

Sign and turn over the title of the vehicle to the tow company. This allows them to obtain and keep the vehicle but may permit you to retrieve your personal items. Ask the tow company how much needs to be paid for you or the registered owner to pick up or retrieve the items. If 30 days have passed and no fee has been paid, the tow company typically gains ownership of the vehicle and any property left behind.

Preventive Measures

To avoid the situation altogether, consider keeping personal items in a friend's or relative's vehicle. This can prevent issues related to towing and storage fees.

Tip: Always ensure personal property is not left in the vehicle to be towed. If you suspect that your belongings might be at risk, consider moving them to a safe location in advance of towing the vehicle.

Seek Legal Advice if Necessary

If you are in a situation where your belongings have been retained by a tow company and you cannot afford the fees, you may need to consult with a legal professional to explore your options.

Conclusion: The legal rights and responsibilities of both tow companies and vehicle owners are complex and vary depending on your location. Understanding your rights and the steps you can take to retrieve your personal belongings can help prevent future legal issues.