28-4847

28-4847. Insurance companies; release; fees;
vehicle repair facilities; applicability; violation;
classification; definition

A. The towing company shall release a towed vehicle to a person designated
in writing by an insurance company during normal business hours on the day the request
for release is provided to the towing company, the detailed statement of charges is
provided by the towing company at no cost and payment for all reasonable towing, storage
and related fees is received by the towing company. The request for release shall be in
writing and:

1. Shall indicate the name of the insurer as well as the name, address, telephone
number and fax number of a representative of the insurer.

2. Shall include the name, address and telephone number of the owner, the owner's
written consent for release of the vehicle and the name of the insured, if different from
the owner.

3. Shall include the insurer's claim number and the name of the person to whom the
insurer authorizes release of the vehicle.

4. Shall be signed by the owner except as provided in paragraph 6 of this
subsection.

5. May be faxed, mailed or hand delivered to the towing company.

6. If the written consent of the owner is not obtained pursuant to paragraph 2 of
this subsection, the request for release shall include a statement that the insurer has
authorization from the vehicle owner to remove the vehicle from the towing company's
storage premises.

7. Shall include a statement that the owner has been informed that pursuant to this
section the towing company is presumptively not responsible for any loss of personal
property or damage to the vehicle that is not disclosed to the towing company before the
insurer or the insurer's authorized agent removes the vehicle from the towing company's
storage premises. The notice shall also include a statement that the owner or person
designated in writing by the owner and witnessed by a third party may inspect the vehicle
at the towing company's storage premises, may remove any personal property from the
vehicle and may report any damage to the vehicle to the towing company at the time of
inspection. The towing company shall not require payment for the removal of personal
property that is inside the vehicle if the removal is during business hours. For the
purposes of this paragraph, personal property does not include any vehicle parts, vehicle
equipment or vehicle accessories.

B. After an insurance company has completed a request for release of a vehicle and
before payment is made for the release of that vehicle, the towing company shall provide
to the insurance company at no cost a detailed written statement of all charges for
towing, storage and related fees. Additional storage charges may accrue until final
payment is made and the vehicle is removed from the premises by the vehicle owner or the
insurance company or the person designated in writing by the insurance company.

C. If the vehicle owner does not inspect the vehicle pursuant to subsection A,
paragraph 7 of this section before removal of the vehicle to another premises, or has
inspected the vehicle and has had the opportunity to remove personal property in the
vehicle, a rebuttable presumption shall be created that damage to the vehicle and any
loss of personal property in the vehicle occurred while the vehicle was not in the
custody of the towing company. The presumption may be overcome by a preponderance of
evidence to the contrary.

D. Except for proration for partial days, a towing company shall not charge
additional storage fees for a vehicle after a request for release and payment has been
made pursuant to subsection A of this section if both of the following apply:

1. The insurance company or its representative provides the written request for
release as prescribed in this section.

2. The insurance company or its representative removes the vehicle from the towing
company's storage premises during normal business hours on the day the towing company
receives the request for release.

E. A person in this state may choose any vehicle repair facility for the repair of
a motor vehicle. At the same time a towing company or operator of a towing vehicle
provides information about a vehicle repair facility, the company or operator shall
inform the person of both of the following:

1. The person's right to choose any vehicle repair facility for the repair of a
motor vehicle.

2. Any commonality of ownership between the vehicle repair facility and either the
towing company or the operator of the towing vehicle.

F. A towing company shall not tow or transport a vehicle from its storage lot
without the prior permission of the vehicle owner or the insurance company. The towing
company may move a vehicle between its own storage lots without obtaining prior
permission. The towing company shall not charge any additional fee or other monies to a
vehicle owner or an insurance company as a result of any change in location of the
vehicle between its own storage lots.

G. A vehicle repair facility or any employee of a vehicle repair facility shall not
pay or agree to pay, and a towing company or any employee of a towing company shall not
accept or agree to accept, any monies, fees, commissions, credits, gifts, gratuities,
things of value or other compensation that is provided directly or indirectly for the
purpose of inducing the towing company or any employee of a towing company to do any of
the following:

1. Attempt to intimidate, unreasonably persuade or induce the person requesting the
tow or transport of a vehicle to choose the services of the vehicle repair facility
recommended by the towing company.

2. Refuse to tow or transport the vehicle unless the person requesting the tow or
transport of a vehicle agrees to the vehicle repair facility recommended by the towing
company.

3. Deliver a vehicle to a vehicle repair facility other than the vehicle repair
facility chosen by the person requesting the tow or transport of the vehicle.

4. Make an intentional misrepresentation regarding the condition of the vehicle,
the person's insurer or a specific vehicle repair facility.

H. Unless otherwise directed by a law enforcement officer, the towing company shall
tow the vehicle to one of the following locations, in the following order of priority:

1. A location specified by the owner of the vehicle if the owner is present at the
time of the tow and is capable of indicating the owner's preference.

2. A vehicle storage yard designated in the contract under which the towing company
has responsibility for towing the vehicle.

I. Subsection E of this section does not create a private right or cause of action
to or on behalf of any person.

J. This section does not create a cause of action or a right to bring an action
against a towing company for releasing a motor vehicle to a person other than the owner
if the written authorization as prescribed in this section is provided to the towing
company by the owner or an insurance company.

K. This section only applies to tows resulting from motor vehicle accidents.

L. A person who violates this section is guilty of a petty offense. A person who
subsequently violates this section within thirty-six months after a prior violation of
this section is guilty of a class 3 misdemeanor.

M. For the purposes of this section:

1. "Gift" does not include an item of nominal value.

2. "Owner" has the same meaning prescribed in section 28-101.