If your car has been towed by law enforcement in the Bay Area, it can be a frustrating and confusing experience. However, you have specific legal rights that protect you from unfair towing practices. Understanding these rights can help you take the right steps to recover your vehicle and potentially challenge an unlawful tow.
When Can Law Enforcement Tow Your Car in the Bay Area?
Police and other law enforcement agencies in the Bay Area can legally tow your vehicle under certain circumstances. Knowing these reasons can help you determine whether the tow was justified.
Parking Violations
If your car is parked illegally—such as in a no-parking zone, blocking a fire hydrant, or in a disabled parking spot without a permit—law enforcement can tow it. Cities like San Francisco, Oakland, and San Jose have strict parking rules, and violating them can result in an immediate tow.
Abandoned Vehicles
A car left unattended for an extended period (usually 72 hours or more) may be considered abandoned. Local authorities can tow it if they believe it’s derelict or posing a hazard.
Expired Registration or Missing Plates
Driving or parking a car with expired registration (over six months) or no license plates can lead to a tow. California law allows police to impound vehicles that appear to be unregistered.
Evidence in a Crime
If your car was involved in a crime or contains evidence, law enforcement may tow and hold it for investigation.
Suspended License or DUI Arrest
If you’re pulled over and found driving with a suspended license or arrested for a DUI, the officer may impound your vehicle.
Your Legal Rights After a Tow
Even if your car was towed legally, you still have rights under California and local Bay Area laws.
Right to Receive Notice
If your car was towed from private property (like a shopping center or apartment complex), the towing company must notify local law enforcement within a set time (usually 30 minutes to an hour). If it was towed by police, they typically record the tow in their system, which you can check online or by calling the non-emergency police line.
Right to Know Where Your Car Was Taken
The towing company or police must provide information on where your vehicle was taken. You can contact the local police department or check online databases like the San Francisco Police Department’s towed vehicle lookup tool.
Right to Retrieve Your Belongings
You have the right to retrieve personal items from your car without paying the full impound fee. However, you may need to schedule a time with the tow yard and show proof of ownership.
Right to Challenge the Tow
If you believe your car was towed unfairly, you can dispute it. Each city in the Bay Area has a process for filing a tow hearing request.
How to Get Your Car Back
Getting your car back after a tow involves several steps, and acting quickly can save you money.
Locate Your Vehicle
Call the local police department’s non-emergency line or check online to find your car. In San Francisco, use the SFMTA’s towed vehicle lookup. In Oakland, contact the Oakland Police Department.
Pay the Impound Fees
Towing and storage fees can add up quickly. In the Bay Area, fees vary by city but often include:
- A towing charge (typically 200−200−500)
- Daily storage fees (50−50−100 per day)
- Administrative fees
You may also need to pay outstanding parking tickets or registration fees before getting your car back.
Provide Required Documentation
Bring proof of ownership (registration or title), a valid driver’s license, and proof of insurance to the tow yard. If your car was impounded due to a suspended license, you may need additional paperwork.
How to Fight an Unlawful Tow
If you think your car was towed without a valid reason, you can challenge it.
Request a Tow Hearing
Most Bay Area cities allow you to request a hearing within a set time (usually 10 days). If you win, you may get a refund for towing and storage fees.
Gather Evidence
Take photos of where your car was parked, check for missing or unclear parking signs, and get witness statements if possible.
File a Complaint
If the tow company violated regulations (such as overcharging or failing to notify police), you can file a complaint with the California Highway Patrol (CHP) or the local city agency.
Preventing Future Tows
To avoid having your car towed again:
- Always park in designated areas
- Keep your registration current
- Avoid leaving your car unattended for long periods
- Check for street cleaning schedules
Conclusion
Having your car towed in the Bay Area can be stressful, but knowing your legal rights can help you take action. Whether you need to retrieve your vehicle quickly or dispute an unfair tow, understanding the process ensures you’re treated fairly under the law. If you believe your rights were violated, don’t hesitate to request a hearing or file a complaint.
