Dealing with Abandoned Vehicles in Parking Facilities
How parking operators should handle abandoned vehicles — state law requirements, documentation procedures, reporting to police, and the lien and disposal process.
Abandoned vehicles are an operational problem that most parking facilities encounter eventually, and a legal problem if handled incorrectly. A vehicle that has been sitting in your facility for days or weeks occupies a space, creates a liability question, and cannot simply be removed without following specific legal procedures — procedures that vary significantly by state.
Handling abandoned vehicles correctly means understanding your state’s specific requirements, following defined documentation and notification steps, and working with law enforcement and towing companies who know the process. Shortcuts create liability and can result in the facility operator being held responsible for the vehicle’s loss or damage.
What Makes a Vehicle “Abandoned”
The definition of an abandoned vehicle for legal purposes varies by state but typically involves some combination of:
- A minimum duration of time in one location without being moved (commonly 72 hours to 30 days)
- Visible signs of abandonment (flat tires, accumulated damage, expired registration, vegetation growth)
- Lack of response to notification attempts
On private property — which includes private parking facilities — the threshold for treating a vehicle as abandoned is typically lower than on public roads. Most states allow private property owners to initiate the abandoned vehicle process after 72 hours to 5 days, compared to 30+ days that may apply on public roads.
Importantly, a vehicle that is not paying for its space but has not reached the state’s abandoned vehicle threshold may still be subject to towing under your standard trespass/parking enforcement authority. “Abandoned” is a legal status with specific implications for disposal; it does not need to be achieved for standard towing to be authorized.
Documentation Before Any Action
Before doing anything with a suspected abandoned vehicle, document its condition thoroughly:
- Photograph all four sides, interior (through the windows), license plates, and any identifying features
- Photograph any visible signs of abandonment (flat tires, damage, registration status)
- Record the exact location within your facility
- Record the make, model, color, license plate, and any VIN visible through the windshield
- Record the date and time of documentation
This documentation serves multiple purposes: it establishes the condition of the vehicle before your involvement, supports any police report, and protects you if the vehicle owner later claims damage occurred while the vehicle was in your custody.
Reporting to Law Enforcement
In most states, reporting a suspected abandoned vehicle to local law enforcement is required — and is good practice even when not strictly required. The police report:
- Creates an official record of the vehicle’s presence and reported condition
- Triggers any existing stolen vehicle check (a vehicle that looks abandoned may be stolen)
- Initiates the state’s official abandoned vehicle process, which typically requires law enforcement involvement for final disposal authorization
Call your local non-emergency police line rather than 911. Provide the vehicle location, description, and plate number. Ask for a case or incident number for your records.
If the vehicle is reported stolen, law enforcement takes over from there. Do not tow a reported stolen vehicle without specific direction from law enforcement.
Notification Requirements
Most states require that notification be attempted to the registered owner before an abandoned vehicle can be disposed of. The notification process typically involves:
DMV plate lookup: Most states allow law enforcement (and in some states, property owners through a formal process) to obtain the registered owner information from a plate number. In many states, the towing company handles this step.
Written notification to the registered owner: A certified letter to the registered owner’s address on file with the DMV, providing notice that the vehicle is on the property, the date by which it must be claimed, and what will happen if it is not claimed.
Posted notice on the vehicle: A notice placed on or attached to the vehicle (not in a way that damages the vehicle) with the same information.
Lienholder notification: If the vehicle is financed (which a DMV lookup may indicate), the lienholder must also be notified.
The waiting period after notification varies by state — commonly 10–30 days. Until the waiting period expires and notification requirements are met, the vehicle cannot be disposed of, even if it is clearly abandoned.
The Lien and Disposal Process
After proper notification and the waiting period, the formal abandoned vehicle process allows the property owner and towing company to proceed with the vehicle’s disposal. In most states, this involves:
- Lien filing: The property owner or towing company files a lien against the vehicle for towing and storage charges
- Public auction or disposal: The vehicle is disposed of through a state-authorized process, typically public auction
- Proceeds application: Auction proceeds are applied to towing and storage charges; any excess is held for the owner
This process is typically managed by the licensed towing company, not directly by the parking operator. Choosing a towing company experienced with your state’s abandoned vehicle process is important — errors in the process can expose you to liability for the vehicle’s value.
Storage Fees and Limitations
Most states that regulate abandoned vehicle towing also limit storage fees that can be charged while the vehicle awaits disposal. These limits vary significantly. Charging above state-maximum storage fees exposes both the towing company and the property owner to liability.
If your facility is accumulating storage fee value on an abandoned vehicle, coordinate with your towing company to ensure the vehicle is transferred to their impound lot (where they manage storage liability) rather than remaining on your property where you may be accumulating unclear liability.
Special Situations
Vehicles with hazardous materials: A vehicle that appears to contain hazardous materials — visible fuel leaks, chemical containers, evidence of drug production materials — should not be towed by standard towing equipment. Notify law enforcement and potentially the local fire department. Document and stay clear until appropriate response arrives.
Vehicles blocking access: If an abandoned vehicle is blocking a fire lane, access ramp, or emergency exit, the standard abandoned vehicle process with its waiting periods may not be appropriate. Law enforcement typically has authority to order immediate removal of vehicles creating safety hazards. Coordinate with police before towing a blocking vehicle that might otherwise require the longer abandoned vehicle process.
High-value or exotic vehicles: Treat these with extra care. Consult with your legal counsel before taking any action. A wrong step in the process with a $100,000 vehicle creates a much larger liability exposure than the same wrong step with a $3,000 beater.
FAQ
How long do we have to keep records of abandoned vehicle disposals? Keep all documentation — photographs, police reports, notification records, towing and disposal records — for at least five years. Ownership disputes and claims of improper disposal can arise years after the fact.
What if the vehicle owner shows up during the process and wants their vehicle? Allow the owner to claim the vehicle upon payment of accrued towing and storage charges. Document the transaction. Be cautious about waiving or discounting charges without confirming identity — the person claiming to be the owner should be able to provide proof of ownership.
Can we charge for storage while the vehicle is still on our property before it’s been towed? This depends on your state. Some states allow property owners to accrue storage fees on abandoned vehicles on their property; others restrict storage fee accrual to licensed storage facilities. Check your state’s abandoned vehicle statute or consult your towing company.
Do we need separate procedures for motorcycles vs. standard vehicles? The general process is the same, but motorcycles are often targeted by theft as “chop shop” parts sources, so verifying with law enforcement that a parked motorcycle is not stolen before any action is even more important than with standard vehicles. The VIN is usually visible on the steering neck without moving the motorcycle.