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Your rights after a tow in Idaho

Idaho law sets rules for towing from private property, such as apartment complexes and store lots. Counties and cities set the maximum rates. Here is what the law says, in plain English.

Pick your city

Tow-away signs

A property owner or the person in control of the property, commercial lots included, may have an unauthorized car towed or booted only if a sign is posted on or near the property in a clearly conspicuous spot. Idaho Code 49-1806(1) (opens in a new tab)
The sign must be in large print, say unauthorized vehicles will be removed or booted at the owner's expense, and name the towing firm. Idaho's statute gives no exact sign size or distance between signs. Idaho Code 49-1806(1) (opens in a new tab)
A car cannot be treated as unauthorized and towed or booted solely because its registration is expired or improper. Idaho Code 49-1806(3) (opens in a new tab)

Unposted lots and release of a car

If a property is not posted, only a truly abandoned vehicle may be towed, and not from commercial property. The tow company must get the property holder to sign a release that names the car and takes responsibility for the removal. Idaho Code 49-1806(2) (opens in a new tab)
Idaho's rule letting you take the car back at the scene for a limited fee applies to tows an officer directed. For a private-property tow, Idaho law sets no drop fee or release-before-removal right, so check the company's rate sheet. Idaho Code 49-1810 (opens in a new tab)

Notice and your right to object

The tow company must report the tow to the state's towed-vehicle portal within one business day. The state then notifies the registered owner and lienholders by email or first-class mail, telling them the tow company, location, amount owed and daily storage rate. Idaho Code 49-1807(1)(b)(i), (1)(c), (2) (opens in a new tab)
You can file a declaration of opposition with the Idaho Transportation Department within 20 calendar days of the first notice to dispute the fees or the claim. You then have 10 days to file a court case against the tow company, and the car cannot be disposed of while that case is pending. Idaho Code 49-1808 (opens in a new tab)
The free tow-procedure hearing in Idaho is only for officer-initiated tows. It does not apply to cars removed from posted private property. Idaho Code 49-1809(1), (4) (opens in a new tab)

Getting your car and belongings back

The owner or a lienholder can take the car at any time before it is disposed of by proving ownership and paying the towing and storage costs. An insurer can also claim a total-loss vehicle. Idaho Code 49-1811(1), (4) (opens in a new tab)
No lien attaches to personal property in or on the car, and the company must hand it to the registered owner (or an agent with power of attorney) on demand during reasonable business hours at no extra charge. Idaho Code 49-1814(4)(b) (opens in a new tab)
You may inspect the stored vehicle during reasonable business hours at no additional charge. Idaho law does not say a waiver of claims is banned. Idaho Code 49-1814(4)(a) (opens in a new tab)
The statute requires access only during reasonable business hours and sets no specific hours or after-hours release rule. Idaho Code 49-1814(4) (opens in a new tab)
The company must make reasonable efforts to secure the car and prevent further damage while it is stored. Idaho Code 49-1814(1) (opens in a new tab)
A tow company that refuses release for any reason other than nonpayment of fees it is lawfully owed, or moves the car somewhere other than you reasonably request, loses the right to storage and other fees beyond the scheduled tow fee. Idaho Code 49-1811(5) (opens in a new tab)

Fees and paperwork

Companies must post their rate sheet at their place of business and give it to consumers on request, and charges above that sheet count as excessive. Idaho sets no statewide dollar cap for private-property tows. Idaho Code 49-1814(2) (opens in a new tab)
When you get the car back, the company must give an itemized statement showing where it was towed from, where it was stored, the company's details, towing charges, and the daily storage rate and days stored. Idaho Code 49-1811(6) (opens in a new tab)
Storage is capped at 60 days from the tow. If the company did not report the tow to the state portal within one business day, storage fees cannot start until it does. Idaho Code 49-1814(3) (opens in a new tab)
Idaho says this chapter is uniform statewide and no city or county may enact a rule that conflicts with it. Local rules that add consistent requirements may still exist, so check your city. Idaho Code 49-1817 (opens in a new tab)
If you paid by card and believe the charge was improper, you can dispute it with your card issuer under federal billing-error rules. Fair Credit Billing Act (FTC guidance) (opens in a new tab)

Sale and disposal

After 30 days from the first notice, if the car is unclaimed and any opposition period has run, the tow company may apply to the state for a title or junk certificate. Cars cannot be disposed of without one. Idaho Code 49-1807(1)(b)(ii), 49-1802(4) (opens in a new tab)
Idaho's general service-lien auction statute expressly does not apply to motor vehicles covered by the abandoned-vehicle chapter. Idaho Code 45-805(a) (opens in a new tab)

Where to complain

Idaho Transportation Department (DMV) Abandoned Vehicle Portal. ITD runs the portal where tow companies report tows and where notices to owners originate; contact the Idaho DMV at (208) 584-4343 about a tow notice or declaration of opposition. File a complaint (opens in a new tab)

Idaho's small claims department of the magistrate court hears money claims up to $15,000 and cannot award punitive damages. File in the county where the defendant lives or where the tow happened.

Check your tow

Sources

Last checked 2026-10-17. These are the laws and official pages this page is based on.