281.930 Payment and release requirements for towed vehicles -- Storage fees.
685 words·~3 min read·
/ky/chapter-281/281-930A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)This section applies to towing companies that tow and store motor vehicles, and to
storage facilities that store vehicles towed by a towing company, regardless of
whether the towing company and the storage facilities are affiliates.
(2)Upon payment of all costs incurred against a motor vehicle towed and stored under
this chapter, the towing company or storage facility shall release the motor vehicle
to:
(a)A properly identified owner or lienholder of the motor vehicle; or
(b)An authorized representative of the insurance company or its contracted
service provider insuring the motor vehicle if the:
1. Motor vehicle is covered by an active policy of insurance and the
insurance representative provides proof of coverage; or
2. Owner of the motor vehicle approves release of the vehicle to the
insurance company representative.
(a)Prior to payment of fees and release of the motor vehicle, a storage facility or
towing company shall not refuse the right of physical inspection of the towed
vehicle during posted business hours by:
1. An owner;
2. A lienholder;
3. A representative of the insurance company that insures the motor
vehicle; or
4. A contracted service provider of the insurance company.
(b)The inspection of a vehicle that is being held as evidence by a law
enforcement agency shall only occur if authorized by the investigating law
enforcement agency. The law enforcement agency may impose any or all of
the following restrictions:
1. Restrict the inspection to visual and touchless only; or
2. Require any persons or entities outlined in paragraph
(a)of this
subsection to be accompanied by a law enforcement officer.
(4)A towing company or storage facility shall accept payment made by any of the
following means from an individual seeking to release a motor vehicle:
(a)Cash;
(b)Check from an insurer or its agent;
(c)Credit card;
(d)Debit card;
(e)Money order; or
(f)Check drawn by a bank or other financial institution.
(5)Upon receiving payment of all costs incurred against a motor vehicle, a towing
company or storage facility shall provide to the person making payment an itemized
receipt in accordance with KRS 281.926(4) and
(5)to the extent the information is
known or available.
(6)A towing company or storage facility shall be open for business or accessible by
telephone during posted business hours. A towing company or storage facility shall
provide a telephone number available on a twenty-four
(24)hour basis to receive
calls and messages from callers, including calls made outside posted business
hours. All calls made to a towing company or storage facility shall be returned
within twenty-four
(24)hours from the time received. However, if adverse weather,
an emergency situation, or another act over which the towing company or storage
facility has no control prevents the towing company or storage facility from
returning calls within twenty-four
(24)hours, the towing company or storage
facility shall return all calls received as quickly as possible.
(a)Storage fees may be charged by a towing company or storage facility during a
hold period initiated for potential evidence in any criminal or civil
investigation.
(b)Subject to the conditions in paragraph
(c)of this subsection, a reasonable
daily storage rate of no more than the daily storage rate included on the
published rate sheet may be charged during the hold period. A towing
company or storage facility shall not charge any additional fee or combination
of fees during the hold period other than:
1. A daily storage fee; or
2. Fees charged in accordance with the rate sheet for completed labor to
assist with an inspection, as directed by the entity overseeing the
investigation.
(c)If an insurer offers to provide a secure facility for storage during the hold
period at no cost, the entity requesting the hold may allow the vehicle to be
moved to the insurer's facility.
(d)Upon release of the hold and payment from the owner or insurer for all towing
and storage charges set forth by the published rate sheet, the vehicle shall be
released to the owner, insurer, or representative of the insurer.