can tow company sell your car
Can a Tow Company Sell Your Car?
The short answer is yes, a tow company can legally sell your car in certain circumstances. However, this is typically a last resort after following proper procedures and providing ample notice.
When Can a Tow Company Sell Your Car?
The most common situations where a tow company may sell a vehicle are:
- The car has been abandoned on private property, and the owner cannot be located after reasonable attempts.
- The car has been towed and impounded due to unpaid parking tickets or violations, and the owner fails to claim it and pay the associated fees within the specified time frame.
- The car has been towed from an accident scene or recovered after being stolen, and the owner cannot be identified or located.
The Lien Process
Tow companies must follow strict legal procedures before selling a vehicle, known as the lien process. This generally involves:
- Sending certified letters to the registered owner and any lienholders (such as banks or lenders with a financial interest in the car) to notify them of the impound and provide a deadline to claim the vehicle.
- If the vehicle remains unclaimed after the specified period (typically 30-60 days), the tow company can legally obtain a lien on the car to cover their towing and storage fees.
- After obtaining the lien, the tow company must advertise the sale of the vehicle in a local newspaper or other designated publication.
- If the owner or lienholder still does not claim the car and pay the outstanding fees, the tow company can proceed with selling the vehicle at a public auction or through a licensed dealer.
Safety and Legal Considerations
Tow companies must adhere to strict safety protocols when handling and storing impounded vehicles to prevent damage or theft. They are also required to follow all applicable state and local laws regarding the lien process, notification procedures, and vehicle sales.
It’s important to note that the lien process varies by state, and some jurisdictions may have additional requirements or shorter time frames before a vehicle can be legally sold.
Cost and Fees
The costs associated with towing and impound fees can quickly add up, making it essential for owners to retrieve their vehicles promptly. Typical fees may include:
- Towing fee (generally ranging from $50 to $200, depending on distance and vehicle type)
- Daily storage fees ($20 to $50 per day)
- Administrative fees and lien processing costs
If a vehicle is sold at auction, the tow company will deduct their fees and costs from the sale proceeds before remitting any remaining balance to the registered owner or lienholder.
Conclusion
While tow companies have the legal right to sell unclaimed vehicles to recover their costs, this is a last resort after following proper notification procedures and providing ample time for owners to retrieve their cars. If your vehicle has been towed, it’s crucial to act promptly, understand your rights, and comply with the tow company’s instructions to avoid potential sale or additional fees.