Towing Issues: Who is responsible for securing vehicle., tow truck drivers, tow company

Question
QUESTION: I was approached by an officer responding to a call at a business in NC who told me that my tag was expired and he would have to tow my vehicle, when indeed the tag was not expired. Subsequently, my vehicle was towed from the parking lot of the business and the police say the business owners had it towed, but the tow company's receipt shows that it was towed upon request by the police department.  The vehicle was unlocked and the keys were still in the ignition when I went to pick it up... and tools and personal property missing from it.  Who was responsible for inventory of the vehicle and/or securing it--the tow company or the police?

ANSWER: Sorry to hear about the vehicle being towed.

This sounds a bit strange as it seems that no one wants to really take the "blame" on who ordered the tow...

If the police had it towed as a impound for some kind of driving offense then they generally do an inventory of the vehicle condition and property in it..

Now if the vehicle was towed on orders of the business, then generally the tow company does try to note property which is visible in the vehicle. Most tow companies will not enter the vehicle to do inventories due to liability issues...


Now if it was towed to the tow company storage yard and then it was left overnight or such, there are chances that someone did break into the yard and steal things. We all know how that goes at times with people doing illegal things.

Not much a tow company can do if a crook is determined to steal stuff. No fence or gate would be safe if they really wanted to get in.
And yes at times there are dishonest tow truck drivers, but they are rare and few around (at least we all hope that it is that way).

As to responsibility of who is legally responsible, that would be a toss up for the inventory, but the tow company should of secured it in their yard.

I hope this helps, but its one of those answers which leads to more questions till you get the final answers.

If you feel that you were wronged and that either the police or the tow company did not protect your property, then you always have the court system to turn to.

---------- FOLLOW-UP ----------

QUESTION: I actually do have a suit pending in the matter.  The fact is that the vehicle was not locked--that's what I was referring to.  There were no signs of a break-in, because it wasn't necessary...the vehicle was left unlocked with keys in the ignition.  Who was responsible for locking the vehicle? That just made it extremely easy for the thief to remove the vehicle's contents?

I'm told that if the police had it towed they were responsible, but if the business had it towed then the tow company is responsible for locking (securing) it.  Is that correct information?

Answer
Well as a tow truck driver, I am going to point out that even locked vehicles can be towed, but it just takes more time to do it and it might be more costly if the vehicle is locked, not to mention to possibility of damage happening...

I would "THINK" (just thoughts here) but from what you say, that the tow company would of locked it when it got to their storage yard (this did go to the tow company yard, not the police departments yard? ) would be locking the vehicle and put the keys in the office...

But then each tow company operates differently and so its really hard to say that they practice...
And as far as I know, there are no real requirements to "LOCK VEHICLES UP" in contracts with the police departments.
Generally if the vehicle is inside the locked and fenced storage area then it is considered secured under most contracts.