Dealing with an unwanted vehicle parked on your property can be a frustrating experience. Whether it’s an abandoned car, a vehicle blocking your driveway, or simply someone disregarding posted parking rules, knowing how to legally and effectively get it towed is essential. This guide provides a comprehensive overview of the steps you need to take to remove a car from your property, while adhering to local laws and regulations.
Understanding Your Rights and Responsibilities
Before taking action, it’s crucial to understand your rights as a property owner and the legal limitations surrounding towing. Laws vary significantly from state to state, and even from city to city, so it’s imperative to research the specific regulations in your area.
Know Your Local Towing Laws
Local ordinances dictate the procedures you must follow before towing a vehicle. These ordinances often outline requirements such as posting signage, providing written warnings, and waiting a specific period before initiating the tow. Contact your local police department, city hall, or department of motor vehicles (DMV) to obtain a copy of your local towing laws. This will ensure you’re acting within the legal boundaries. Failure to comply with these laws can result in legal repercussions for you.
Verify Property Boundaries
It’s essential to ensure the vehicle is actually on your property. Review property lines and survey records if necessary. An inaccurate assessment can lead to legal complications and potential liability.
Document Everything
Maintaining a detailed record of all interactions and actions is crucial. This includes taking photos of the vehicle, noting the date and time it appeared on your property, and documenting any communication attempts with the vehicle’s owner. These records can be invaluable if legal issues arise.
Taking Initial Steps
Once you have a solid understanding of your rights and local regulations, you can begin taking the necessary steps to have the vehicle removed.
Attempt to Identify and Contact the Vehicle Owner
The first step is often to attempt to identify and contact the vehicle owner. Sometimes, a simple conversation can resolve the issue.
Check for Identifying Information
Look for any visible information inside the car that might help you identify the owner. Registration papers, insurance cards, or even personal belongings could provide clues. Avoid entering a locked vehicle, as this could be considered trespassing.
Contact Local Authorities
If you can’t find any identifying information, you can contact the local police department. They may be able to run the license plate and provide contact information for the registered owner. However, privacy laws may restrict the amount of information they can disclose.
Send a Written Warning
If you are able to contact the owner or are required to do so by local laws, send a formal written warning. The warning should clearly state that the vehicle is parked illegally on your property and will be towed if not removed by a specific date and time. Keep a copy of the warning for your records and send it via certified mail with return receipt requested to provide proof of delivery.
Posting Proper Signage
Many jurisdictions require property owners to post clear and conspicuous signage indicating that unauthorized vehicles will be towed at the owner’s expense. The absence of proper signage can invalidate your right to tow the vehicle.
Signage Requirements
Ensure your signs meet all local requirements regarding size, placement, and wording. The signs should be easily visible and readable from all points of entry to your property. They should clearly state that unauthorized parking is prohibited and that vehicles will be towed at the owner’s expense. Include the name and contact information of the towing company you intend to use.
Strategic Placement
Place signs at all entrances to your property, as well as in areas where parking violations are common. Consider adding reflective material to make the signs more visible at night.
Contacting a Towing Company
Once you’ve followed all necessary steps, you can contact a licensed and reputable towing company. Not all towing companies are created equal, so it’s important to choose one carefully.
Choosing a Towing Company
Select a towing company that is licensed, insured, and experienced in handling private property tows. Check online reviews and ask for recommendations from other property owners. Ensure the company is familiar with local towing laws and regulations to avoid any legal issues.
Providing Necessary Information
When you contact the towing company, provide them with all the necessary information, including the vehicle’s make, model, color, and license plate number. You will also need to provide proof of ownership of the property and confirmation that you have complied with all local towing requirements.
Authorizing the Tow
You will need to sign a written authorization form before the towing company can remove the vehicle. This form confirms that you have the right to have the vehicle towed and that you will be responsible for any fees associated with the tow if the vehicle owner does not claim it.
Addressing Potential Challenges
Even after taking all the necessary steps, you may encounter challenges when attempting to have a vehicle towed from your property.
Dealing with Disputes
The vehicle owner may dispute the tow, claiming they had permission to park on your property or that the signage was inadequate. Be prepared to present your documentation, including photos, written warnings, and proof of signage, to support your claim.
Legal Recourse
If the vehicle owner refuses to pay the towing fees or attempts to sue you for wrongful towing, you may need to seek legal advice. An attorney can help you understand your rights and options and represent you in court if necessary.
Abandoned Vehicles
If the vehicle appears to be abandoned, with expired registration or visible damage, you may need to follow a different procedure. Many jurisdictions have specific laws regarding abandoned vehicles, which may require you to notify the local authorities and wait a certain period before having the vehicle towed.
Preventing Future Problems
The best way to avoid the hassle of towing vehicles from your property is to take proactive steps to prevent unauthorized parking in the first place.
Clear Communication
Clearly communicate your parking rules to all residents, tenants, and visitors. Provide written copies of the rules and post them in common areas.
Enforcement
Consistently enforce your parking rules. This will send a clear message that unauthorized parking will not be tolerated.
Consider Parking Permits
Implement a parking permit system for residents and tenants. This will help you track authorized vehicles and easily identify those that are parked illegally.
Install Barriers
Consider installing physical barriers, such as gates or bollards, to prevent unauthorized vehicles from entering your property.
Documenting the Towing Process
Thorough documentation is paramount throughout the entire process. It serves as evidence that you have acted legally and responsibly.
Before the Tow
- Take detailed photographs of the vehicle, showing its location, condition, and license plate.
- Document the presence and visibility of your parking signs.
- Keep copies of all written warnings and certified mail receipts.
During the Tow
- Record the date and time the towing company arrived.
- Take photos of the vehicle being hooked up and towed away.
- Obtain a copy of the towing receipt from the towing company.
After the Tow
- Maintain all documentation in a secure location.
- Keep records of any communication with the vehicle owner or the towing company.
- Note any incidents or disputes related to the tow.
Navigating Specific Scenarios
The towing process can vary depending on the specific situation. Understanding these nuances is crucial for a successful and lawful resolution.
Vehicles Blocking Driveways
If a vehicle is blocking your driveway, you typically have the right to have it towed immediately. Contact your local police department to report the obstruction. They may be able to contact the vehicle owner or authorize a tow.
Vehicles Parked on Private Roads
If you own a private road, you have the right to regulate parking on that road. Post clear signage indicating that unauthorized vehicles will be towed and follow the same procedures as for vehicles parked on your property.
Vehicles with Expired Registration or Flat Tires
Vehicles with expired registration or flat tires may be considered abandoned and can be subject to different towing regulations. Check your local ordinances for specific guidelines on dealing with abandoned vehicles.
Tenant-Owned Vehicles
If a tenant’s vehicle is in violation of your parking rules, you may need to follow specific eviction procedures before towing the vehicle. Consult with an attorney to ensure you are complying with all applicable landlord-tenant laws.
Cost Considerations
Towing a vehicle can involve various costs. Understanding these expenses helps you prepare financially and avoid unexpected charges.
Towing Fees
Towing fees vary depending on the towing company, the distance the vehicle needs to be towed, and the time of day. In some areas, local regulations set maximum towing fees.
Storage Fees
If the vehicle owner does not claim the vehicle promptly, the towing company may charge daily storage fees. These fees can quickly add up, so it’s important to encourage the vehicle owner to retrieve the vehicle as soon as possible.
Administrative Fees
Some towing companies may charge administrative fees for processing paperwork and notifying the vehicle owner.
Liability for Damages
You may be liable for any damages to the vehicle that occur during the towing process if you are found to be negligent. Ensure the towing company is properly insured to cover any potential damages.
The Role of Law Enforcement
Law enforcement agencies play a crucial role in enforcing parking regulations and assisting with towing issues.
When to Contact the Police
- When a vehicle is blocking a driveway or creating a safety hazard.
- When you suspect the vehicle is stolen or involved in a crime.
- When you are unable to identify or contact the vehicle owner.
Police Assistance
The police can help you identify the vehicle owner, authorize a tow, and mediate disputes. They can also provide guidance on local towing laws and regulations.
Reporting Abandoned Vehicles
Report suspected abandoned vehicles to the police. They will typically investigate the vehicle and take appropriate action, such as attempting to contact the owner or initiating the towing process.
When can I legally have a car towed from my property?
You can legally have a car towed from your property in several situations. Common scenarios include when the vehicle is abandoned, illegally parked (e.g., blocking a driveway or fire hydrant), or violates clearly posted parking restrictions on your property. You generally have the right to enforce reasonable parking rules to maintain order and accessibility on your land. However, it’s important to ensure you have documented proof of the violation and follow any local laws regarding notification and waiting periods before initiating the tow.
Specifically, you must adhere to state and local regulations that outline permissible grounds for towing and notice requirements. This often involves posting visible signage indicating parking regulations, providing adequate warning to the vehicle owner (if possible), and using a licensed and insured towing company. Failure to comply with these regulations can result in legal liability for damages, fees, and even lawsuits.
What steps should I take before calling a towing company?
Before contacting a towing company, meticulously document the parking violation. Take clear photos and videos of the vehicle’s location, license plate, and any signs indicating parking restrictions. This documentation serves as crucial evidence if the vehicle owner disputes the tow. Furthermore, attempt to identify the vehicle owner and notify them about the violation. This might involve checking with neighbors or the property management if applicable. Giving a reasonable opportunity for the owner to move the vehicle often resolves the situation amicably and avoids unnecessary towing costs.
Next, carefully review local ordinances and homeowner association rules (if applicable) concerning towing regulations. Confirm the specific requirements for posting signage, providing notice, and using a licensed towing company. Ensure your actions align with these regulations to avoid potential legal repercussions. Keep a record of all communication with the vehicle owner and the towing company, including dates, times, and details of the conversations.
What kind of signage is required to legally tow a car from my property?
Legally enforceable signage must be clearly visible, legible, and conspicuously placed at all entrances to your property and within parking areas. The signs should clearly state the parking restrictions, consequences of violating those restrictions (including towing at the owner’s expense), and contact information for the towing company. The lettering must be of a sufficient size to be easily read from a reasonable distance, and the signs should be well-maintained and not obscured by vegetation or other obstructions. The specific requirements for signage can vary based on local ordinances, so consulting with your local authorities is essential.
Furthermore, the signage should adhere to any specific regulations regarding size, color, font, and placement stipulated by local laws. Some jurisdictions require signs to be posted at specific intervals or at particular locations within the parking area. Failing to meet these requirements can invalidate the legality of the tow, making you liable for damages and towing fees. Properly installed and compliant signage is paramount for enforcing parking rules and protecting yourself from potential legal challenges.
What information do I need to provide to the towing company?
When you contact a towing company, you’ll need to provide accurate and detailed information about the vehicle and the reason for the tow. This includes the vehicle’s make, model, color, and license plate number. You must also clearly explain the parking violation, providing specific details such as the location of the vehicle on your property and how it violates posted parking rules. Be prepared to provide photographic or video evidence of the violation if requested by the towing company.
Additionally, you must provide your name, address, and contact information, along with proof of ownership or authorization to act on behalf of the property owner. The towing company will likely require you to sign a document authorizing the tow and accepting responsibility for any associated costs if the vehicle owner does not claim it. Ensure you understand the towing company’s rates, storage fees, and payment policies before authorizing the tow. Obtain a copy of the authorization form for your records.
What if the vehicle owner confronts me during the towing process?
If the vehicle owner confronts you while the towing process is underway, remain calm and professional. Explain the reason for the tow, referencing the posted parking regulations and the observed violation. Avoid engaging in arguments or escalating the situation. Provide the vehicle owner with the contact information for the towing company and explain how they can retrieve their vehicle. Do not attempt to physically prevent the vehicle owner from interfering with the tow.
Importantly, avoid any threats, harassment, or physical contact with the vehicle owner. Focus on de-escalating the situation and reiterating the reason for the tow. If the vehicle owner becomes aggressive or refuses to cooperate, contact the local police department and report the incident. Allow the police to handle the situation and avoid putting yourself or others at risk. Document the interaction, including the date, time, and details of the confrontation, along with any witness information.
Am I responsible for any damage to the vehicle during the towing process?
Generally, you are not responsible for damage to the vehicle during the towing process if you have followed all legal requirements and have hired a licensed and insured towing company. The towing company is responsible for exercising reasonable care and skill while towing the vehicle. Their insurance should cover any damage caused by their negligence or faulty equipment. It is essential to choose a reputable towing company with a proven track record and adequate insurance coverage.
However, you could be held liable for damage if you directed the towing company to perform the tow in a negligent manner or if you failed to comply with local regulations regarding towing. For example, if you instructed the towing company to tow the vehicle despite knowing that it could cause damage, you could be held responsible. Therefore, it’s crucial to follow all legal requirements and select a qualified towing company to minimize the risk of liability.
What recourse does the vehicle owner have if they believe the tow was illegal?
A vehicle owner who believes their vehicle was illegally towed has several avenues for recourse. They can first contact the towing company to inquire about the reason for the tow and request documentation supporting the legality of the tow. They should also gather any evidence they have that contradicts the justification for the tow, such as photos showing proper parking or proof of permission to park on the property. It is essential to document all communication with the towing company and keep records of any expenses incurred as a result of the tow.
Furthermore, the vehicle owner can file a complaint with the local law enforcement agency or consumer protection agency. These agencies can investigate the towing company and determine if they violated any regulations. The vehicle owner can also pursue legal action against the property owner or the towing company to recover damages, including towing fees, storage fees, and any other expenses incurred as a result of the illegal tow. They may also be able to recover punitive damages in some cases.