Can a Wrecker Service Take Things From Your Car?

Imagine this: you’re stranded on the side of the road with a dead battery, desperately needing a tow. The wrecker service arrives and swiftly hooks your car up. But wait – can they legally take things from your car during the process? This is a common concern for many vehicle owners, and it’s important to understand your rights.

The short answer is: it’s complicated. While wrecker services are primarily there to transport your vehicle, their ability to remove personal belongings can vary depending on several factors, including local laws, the specific circumstances, and the type of tow.

Legal Considerations: Your Rights and the Wrecker’s Limitations

Legally, a wrecker service acts as a bailee when they take possession of your vehicle. This essentially means they are temporarily responsible for the care and custody of your property. While they have the right to tow your car, they are generally obligated to protect its contents from theft or damage.

Tow truck towing a car on the roadside

However, laws regarding the removal of personal belongings from towed vehicles can be complex and differ significantly across jurisdictions. Some states have specific statutes that outline what a towing company can and cannot do with your belongings, while others might have more general laws that apply.

When Can a Wrecker Service Remove Items From Your Car?

While outright theft is illegal, there are instances where a wrecker service might be legally permitted to remove items from your car. These situations usually involve:

• Inventory Purposes: Many towing companies have policies requiring an inventory of visible belongings for liability reasons. This helps protect them from false claims of missing items and ensures accountability.
• Obstructing the Tow: Items that hinder the safe and proper towing of your vehicle, such as a bicycle rack blocking the hook-up point, might be removed.
• Valuables in Plain Sight: Some states have laws allowing the removal of valuables left in plain view to prevent theft while the vehicle is impounded.
• Illegal Items: If your vehicle contains illegal substances or items, the wrecker service is obligated to report it to the authorities.

Protecting Your Belongings: Proactive Steps to Take

While the specific laws and circumstances surrounding towing situations vary, there are several proactive steps you can take to safeguard your possessions:

1. Remove Valuables: Whenever possible, remove all valuable items from your car before it gets towed. This includes electronics, jewelry, cash, and important documents.
2. Secure the Trunk: If you can’t remove everything, ensure your trunk is securely locked to prevent unauthorized access.
3. Document Your Belongings: Take photos or videos of the items inside your car before it’s towed. This can serve as evidence if something goes missing.
4. Communicate with the Driver: If possible, speak to the tow truck driver about any concerns you have regarding your belongings. Ask about their company’s policy on inventorying and storing personal items.

What to Do if You Believe Something is Missing

If you believe a wrecker service has illegally removed or mishandled your belongings, take these steps:

• Report it to the Towing Company: Contact the towing company immediately and file a formal complaint. Provide detailed information about the missing items and any evidence you have.
• Contact Your Insurance Company: Your auto insurance policy might cover theft or damage to your belongings while in the possession of a towing company.
• File a Police Report: If you suspect theft, file a police report with the local authorities.

Navigating the legalities of towing situations can be tricky. Understanding your rights and taking preventative measures can help ensure the safe return of your vehicle and its contents. Remember, communication is key – clarify any concerns with the towing company beforehand to avoid potential misunderstandings and protect your property.