If your car has been towed and impounded by the police, you have to act fast because the process of getting it back is complicated and expensive. Don’t waste time wondering how to get a car out of impound without insurance or proof of title. Instead, focus on understanding your local requirements, and work on getting the required documentation and money in order.
Although every jurisdiction has its own specific rules, we’ll highlight some important steps to getting your car out of impound.
Is there a difference between your car getting towed versus impounded?
Getting your car towed is different from it being impounded. The former involves private towing companies, while the latter involves law enforcement.
Towing companies can be contracted by individuals or entities like commercial and residential properties to tow cars on private property in violation of their parking rules and regulations.
Privately towed cars are taken to a lot and held at an extremely high daily rate until the legal owner pays to release it, but it does not require a court hearing to get back your vehicle.
An impounded car, on the other hand, is towed and held by law enforcement at a lot operated by the law enforcement agency or by a private third-party holding facility.
A police hold will take more than payment and proof of ownership and insurance to get your car out. In such cases, the owner may have to request a court hearing to lift the hold.
Why did my car get impounded in the first place?
The number one reason law enforcement will impound a car is if it is suspected to have been used in a crime. If a car is believed to have been used to commit a crime or contains evidence relating to a crime, the police will have the vehicle towed to a location for police investigation first before sending it to impound.
Cars involved in a criminal proceeding will be held in a police impound lot until the case is resolved. If the court determines that the automobile was used to commit an illegal act or for a criminal purpose, the government can seize the vehicle in what is called an asset forfeiture proceeding. An asset forfeiture proceeding is not an unlawful police seizure.
Your car may be impounded if you are caught driving without a license. Though, this offense will often only occur after a history of being caught driving illegally. If it is your first time being caught, you could face a fine and potential jail time. If you repeat the crime, your car will likely be impounded.
Another common reason a car can get impounded is if it’s been in a car crash and is undrivable from the accident scene. Law enforcement will have the automobile towed to an impound to clear the street and keep the vehicle safe until the driver can retrieve it.
Other reasons could be that the driver was stopped for a moving violation, and in the process, it was discovered that the car was unregistered, or the driver was driving without auto liability insurance.
The police will also impound a car if the driver was arrested for a serious driving violation like driving under the influence of alcohol or drugs. The car will remain impounded until the registered owner resolves the violation and gets a court order legally releasing the car.
If your car is impounded by law enforcement, remember to get the impound lot information from the police. Without it, you’ll have to track down your automobile from the clerk of your city, town, or village, who should have information on recently impounded vehicles.
Can I get my vehicle out of impound when there’s a police hold?
If your car is not involved in a crime or serious moving violation, you may be able to get your car out of impound simply by presenting proof of ownership and insurance. You will also have to pay any required fines and storage fees, which are often very expensive.
If your car is subject to a police hold, it won’t be easy to get your car out of impound. In those cases, the only way to get your car released from impound is with a release order that you’ll have to get through a court or administrative hearing.
Often, there are strict requirements when requesting a hearing to get your car out of impound, like filing a written petition and paying filing fees within weeks or even days of your car being impounded.
Remember that a hearing to get your car out of impound is like a mini trial. The prosecutor will offer evidence to support the impound. You, as the defendant, will have to present counterevidence and a defense as to why your car should be released.
It may be a valid defense if your car was stolen at the time it was impounded, but it is generally not a legal defense that someone else was driving your car at the time.
Regardless of the reason your car has been impounded, it is important to ask if the vehicle is subject to a police hold, what the procedure is for getting it released, and contact information for the impound facility. This is an important step to take if your car gets impounded as a result of a car accident.
How do I get my car out of impound when there is no police hold?
If your automobile is not subject to a police hold, then getting your car out of impound is generally a simple but expensive process. It’s typically a matter of contacting the towing company to ask where the car is being held, how much it will cost to get it released, and what documentation is necessary.
Most towing agencies will not release an impounded car unless you can present proof of ownership, usually through title and registration, or a car lease or rental agreement.
Someone else might be allowed to get your car out of impound if you're not able to. They’ll have to show proof of a valid driver’s license and auto insurance, along with written and notarized authorization from the registered owner and whatever other information may be required.
Keep in mind the most important takeaway to getting your car out of impound. You must have a valid driver’s license, as well as proof of registration and insurance, to get your car released from impound.
What happens if you can’t get your car out of impound?
Typically, you will have 30 days to remove your car from the impound lot. If you can’t get your car out of impound because you can’t afford to pay the fines and fees or it’s been confiscated by the government after a conviction, the car will either be sold at auction or destroyed.
If your impounded vehicle is going to be sold, either the government or law enforcement agency will provide notice of the sale. You will be given the opportunity to buy back your automobile.
The sale proceeds must be able to cover the towing and impound fees and fines or else the government could still go after the car owner in a debt collection proceeding for any remaining amounts owed.
In some cases, you may not be able to pay the money to get your car back. If this happens, attempting to make a deal with the impound lot may be your safest option.
Signing over your title to them can stop the storage fees you are charged while they hold your vehicle. However, this should be a last resort decision since you will lose possession of your car entirely.
Whatever the case, if your car gets impounded, you need to get it out as soon as possible to avoid costly fees and fines, as well as the possibility of it being sold or destroyed.
Lauren Blair writes and researches for the car insurance site, CarInsuranceComparison.com. She has over 25 years of experience in litigation.
