Know Your Rights, When You Get Towed!

  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.