AB 2392: Vehicles: towing and storage.

Under existing law, when a vehicle has been towed and stored, the legal owner may only be charged a storage fee during the first 15 days of possession, and beyond the first 15 days, only for any time after 3 days have lapsed after written notification has been made to the legal owner, as specified.

This bill would require that fees charged under these provisions for towing and storage be reasonable, as defined.

Existing law makes an insurer that is responsible for reasonable towing and storage charges liable to the person providing those services, as specified.

This bill would define reasonable charges for these purposes and would provide a list of fees that are presumptively unreasonable. The bill would also require that fees charged for towing and storage, as specified, be reasonable.

Existing law grants certain consumer rights to those who utilize towing and storage providers, including the right to retrieve personal belongings from a vehicle without charge, the right to pay by cash or credit card, and the right to receive an itemized statement of charges. Existing law also generally requires these businesses to post a prescribed notice outlining these rights in a place visible to the public and to provide a copy of the notice to customers upon request. A person who violates these provisions is civilly liable to the registered or legal owner of the vehicle, or the registered owners insurer, as specified.

This bill would grant additional consumer protections, including requiring facilities to be open and accessible during normal business hours, authorizing payment of charges to be made by insurers check, and allowing an owner or insurer to inspect a stored vehicle, as specified. The bill would make conforming changes to the notice required to be posted at specified facilities. The bill would extend application of the consumer protections to any facility that charges for the storage of a vehicle, including among others, a repair garage or service station, but excluding a new motor vehicle dealer.