King Auto Sales, Inc. v. Act Now Towing

Illinois Appellate Court
Civil Court
Vehicle Code
Citation
Case Number: 
2021 IL App (5th) 200143
Decision Date: 
Friday, August 20, 2021
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
WHARTON

Vehicle was towed at the request of police following the arrest of the driver. Plaintiff paid nearly $1000 in towing and storage fees to Defendant towing company for the release of the vehicle. Section 4-203(g)(2) of Vehicle Code applies whenever a tow is authorized by law enforcement, and there is no language limiting the provision based on purpose for which the tow is authorized. This section applies only to vehicles towed pursuant to authority of law enforcement, and towing company, when seeking to impose storage fees, must provide written notice within 2 business days by certified mail to lienholder of record. As towing company did not provide such notice, Plaintiff is entitled to recover storage fees it paid to retrieve the vehicle. (WELCH and CATES, concurring.)