TITLE 49

MOTOR VEHICLES

CHAPTER 18

TOWING AND STORAGE OF MOTOR VEHICLES

49-1811.  CLAIMING OF VEHICLE — REFUSAL TO RELEASE VEHICLE. (1) The owner or lienholder of any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to disposition by proving ownership and paying the costs relative to towing and storing or booting the vehicle.

(2)  Unauthorized removal of any vehicle towed or booted under the provisions of this chapter without payment in full of all charges and costs that have been incurred under the provisions of this chapter shall be a misdemeanor, and the vehicle may be recovered and returned to the place of storage.

(3)  Nothing in this chapter shall be construed to abate any cause of action that a lienholder has against the owner of an abandoned vehicle.

(4)  Any insurer having a claim made against it pertaining to any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to the settlement of such claim following determination by such insurer that the vehicle has been determined by such insurer to be a total loss, obtaining verbal consent of the owner and by paying the lawfully entitled costs relative to towing and storing the vehicle. The insurer holding facility shall allow the vehicle owner or his representative access to the vehicle upon the vehicle owner or his representative providing evidence of ownership. Personal property, including items not attached or related to the vehicle, must be returned to the vehicle owner pursuant to section 49-1814(4), Idaho Code. If no total loss settlement is reached, the insurer shall return the vehicle to a mutually agreed upon location. Any holding facility that releases a vehicle pursuant to the provisions of this subsection shall be held harmless for the release of such vehicle. The insurer shall provide the location and telephone number of the insurer holding facility to the vehicle owner or his representative.

(5)  Any towing company that tows a vehicle pursuant to this chapter shall take the vehicle to such place as the owner or his authorized agent with a power of attorney may reasonably request. If such a request is not received, the towing company shall take the vehicle to its nearest place of safe storage. The towing company shall not be entitled to recover any storage fees, impound fees, unauthorized repair fees, or other fees, except the scheduled tow fee, if the towing company:

(a)  Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent with a power of attorney;

(b)  After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative, or lienholder for any reason other than the refusal of the owner, authorized agent, insurance representative, or lienholder to pay the fees to which the towing company is lawfully entitled. The refusal of the owner, his authorized agent, insurance representative, or lienholder to pay fees to which the towing company is not entitled pursuant to this subsection shall not be cause for the tow company to refuse to release the vehicle; or

(c)  Performs repairs or makes improvements, for any reason, without a signed work order or recorded verbal consent from the owner, his authorized agent, insurance representative, or lienholder.

(6)  Upon release of the vehicle to the legal or registered owner, authorized agent, or insurance representative, the towing company shall provide an itemized statement containing the following:

(a)  The location from which the vehicle was towed;

(b)  The storage location of the vehicle;

(c)  The name, address, and telephone number of the tow company;

(d)  The year, make, and model of the vehicle towed;

(e)  The license plate number of the vehicle towed;

(f)  The itemized cost of towing and recovery charges; and

(g)  The daily storage charge and number of days stored.

History:

[49-1811, added 2025, ch. 218, sec. 2, p. 1031.]