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Know Your Rights, When You Get Towed!

8/15/2018

18 Comments

 
  Here at Jenwar Towing we have heard to many stories of individuals being taken advantage of by predatory tows. Whether it's the removal of their vehicle because it was presumed abandoned (even though it wasn't by the states standards), or a vehicle being sold without proper notice, there are people taken advantage of every year because they don't know their rights.

​  You Have 24 Hours Before Getting Towed… Unless!

  • When parking on private, or public property take the time to observe the signage posted, as this will dictate how long you have to leave your vehicle parked on the property. With that being said, in the absence of signage here is the states definition of an “abandoned vehicle” 
    • AS 28.11.020. Presumption of Abandonment. A vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 48 hours, or a vehicle registered or titled as required under AS 28.10 that reasonably appears to have been left standing or parked on private property in excess of 24 hours or upon other public property for more than 30 days, without the consent of the owner or person in charge of the property, notwithstanding other statutory provisions, may be removed under AS 28.11.030 and treated as an abandoned vehicle, unless the vehicle is reclaimed and removed before removal occurs under AS 28.11.030 . The department for good cause may make provisions for parking of vehicles on state property other than specified in this section and under the provisions of AS 44.62.

If You Do Get Towed, They Must Notify You Within 30 Days!

  • The towing company that holds your vehicle has 30 days to notify you that your vehicle has been towed and where it is being held. Below is both the timeframe they have to notify you within, and the statutes surrounding how they must notify you.
    • AS 28.11.040. Notice to Owners and Lienholders. The person or company who stores an abandoned vehicle at the direction of a peace officer or an employee under AS 28.11.030 shall within 30 days give notice, in the manner prescribed for the giving of notice by the department under AS 28.05.121 , to the vehicle owner of record and to lienholders of record, stating the grounds for removal and the location of the place of impoundment of the vehicle. If the vehicle is not registered in the state or the name and address of the registered or legal owner or lienholder cannot be ascertained, notice shall be given by publication in the manner prescribed in the rules of the court for service of process by publication.
    • AS 28.05.121. Giving of Notice. When the Department of Public Safety or the Department of Administration is authorized or required to give notice under this title or regulations adopted under this title, unless a different method of giving notice is otherwise expressly provided, notice shall be given by a qualified person, either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at the address of the person as shown in the records of the appropriate department. The giving of notice by mail is considered complete upon the return of the receipt or upon return of the notice as undeliverable, refused, or unclaimed. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place, and manner of giving the notice.

​Once You've Been Notified You Have 30 Days?

  • After the “GIving Of Notice” protocol listed above has been followed you have a 30 day window to recover your vehicle from where its being held. After this, the towing company can sell your vehicle to recoup the costs accrued by the removing of the vehicle.
    • AS 28.10.502. Towing and Storage Lien. ( C )  If the motor vehicle remains unclaimed for a period of 30 days in the possession of the person who performed the towing, transportation or storage, it shall be sold on giving 20 days notice of the sale. The notice shall be delivered to the proper officer and personally served on the registered owner and all lienholders, if any, of the motor vehicle in the same manner as provided by law for service of summons. If either of these persons cannot be located and served personally, notice of the sale shall be forwarded to the registered owner and all lienholders, if any, at their last known address by certified mail, return receipt requested. This notice must contain a description of the motor vehicle, including its registration plate number and vehicle identification number, together with the time and place of sale, a statement of the amount due, and the name and address of the person to whom the charges are due.

18 Comments
Mark link
4/26/2019 07:48:09 am

Not only the customer should know their rights. Even the business has a right. We should respect everyones right.

Reply
Newcastle Towing link
5/10/2019 10:24:19 pm

Thank you for the thoughtful article.There is one major area left out of the discussion,everybody should aware of their rights, when get towed! thanks for pointing this out - The towing company that holds your vehicle has 30 days to notify you that your vehicle has been towed and where it is being held.
Keep going!

Reply
Tom Edwards link
8/30/2019 12:36:21 am

Great article! Thank you!


- Springdale Towing Service -

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Madhav Messon link
11/20/2019 12:03:51 am

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towing Metairie link
11/9/2020 07:09:01 pm

Great article on driver's rights when it comes to towing. Thanks for putting this together.

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Towing Dallas link
12/15/2020 06:36:26 pm

Great article on driver rights. We should all strive to be an ethical industry.

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Jeff link
1/29/2021 05:51:31 am

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4/11/2021 12:11:53 pm

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Barking Towing link
8/25/2021 06:28:52 am

Very insightful topic. I love it.

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DunRite Towing Jonesboro link
9/16/2021 04:16:56 pm

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tax agent near me link
11/11/2021 07:38:55 am

The smooth running of a country's affairs is dependent on good governance. Poor governance would have far-reaching consequences for the entire country, as well as a significant impact on its economic growth. Good governance guarantees that the money raised is spent in a way that benefits the country's population. This money is also used to pay public employees, police officers, members of parliament, the postal system, and other government entities. Indeed, there will be no effective protection of the public interest without a healthy and functioning system of government.

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Lara Smith link
3/25/2022 03:11:18 am

Amazing article, thanks for sharing. Keep up the good work.

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8/26/2022 08:06:27 pm

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Blaine Towing Service link
11/25/2022 08:07:08 am

Knowing your rights is essential in any situation. This was a great post, I'll be recommending it!

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Plainfield Towing Service link
12/26/2022 01:02:54 pm

This was an excellent read with great information in it, I'll be watching out for your next post!

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Victoria Addington link
1/2/2023 04:02:53 am

I agreed when you stated that the towing company that keeps your car has 30 days to inform you that your car has been towed. My friend wants immediate help when experienced mishaps with his car. I think he should look for a company that provides emergency roadside assistance to ensure he can get help immediately.

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