TITLE 49

MOTOR VEHICLES

CHAPTER 18

TOWING AND STORAGE OF MOTOR VEHICLES

49-1812.  Claiming of vehicles. (1) The owner 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 sale by proving ownership and paying the costs relative to towing and storing or booting the vehicle and costs of advertising except as otherwise provided in section 49-1805, Idaho Code.

(2)  A 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 the sale by proving the presence of the lien and by paying the costs relative to towing and storing the vehicle and costs of advertising. The lienholder may also take possession of the vehicle by purchasing the vehicle at the sale. Nothing in this chapter shall be construed to abate any cause of action that a lienholder has against the owner of an abandoned vehicle.

(3)  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 access to the vehicle owner or their representative upon the vehicle owner or their representative providing evidence of ownership. Personal property unrelated to the vehicle must be returned to the vehicle owner in conformance with section 49-1809(2), 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 consistent with 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 their representative.

History:

[49-1812, added 1988, ch. 265, sec. 430, p. 799; am. 2002, ch. 366, sec. 4, p. 1034; am. 2010, ch. 171, sec. 12, p. 353; am. 2011, ch. 304, sec. 2, p. 871; am. 2018, ch. 324, sec. 5, p. 755.]