A tow truck operator turns up to take my car away. What if I get back in my car to keep it from being towed? Can tow truck drivers use force to get me out? If they tow a car with me in it can I sue? Can tow drivers call the police in an attempt to force me out?
This is a matter I dealt with last year, but obviously it’s an issue that concerns lots of readers. If you are in your car, or even a friend’s for that matter, the tow truck driver must not tow it away. If you are in the car, it is considered that you are, in effect, in possession and control of it.
If they towed the car with you in it, protesting, I believe you would have the right to take a case against them. To what extent you could claim damages would depend on whether you had actually been injured in the incident or found the experience genuinely frightening.
Tow truck drivers can call the police if they’re silly enough, but the police will most likely tell them to unhitch the vehicle and let you go on your way. If the towing firm tries to demand a call-out fee from you in these circumstances you
don’t have to pay it.
Incidentally, if your dog is in the car by itself, the tow truck driver can still remove your car.
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