(A) Any person engaged in the business of storing or towing motor vehicles who has substantially complied with the requirements of § 72.26 shall have a lien on the motor vehicle and its contents, except as set forth in KRS 376.275(4) for the reasonable or agreed charges for towing, recovery, storage, transporting, and other applicable charges due on the vehicle as long as it remains in his or her possession.
(B) Prior to payment of fees and release of a vehicle, a towing or storage company shall not refuse the right of physical inspection of the towed vehicle by the owner or an insurance company representative. Release of the vehicle shall occur to the owner or insurance company representative upon payment and consent of the release from the owner or the owner’s authorized representative. Each additional service shall be set forth individually as a single line item in the bill with an explanation and the exact charge for the service.
(C) If, after a period of 45 days, the reasonable or agreed charges for towing, recovery, storage, transporting, and other applicable charges due on a motor vehicle and its contents have not been paid, the motor vehicle and its contents, except as set forth in KRS 376.275(4), may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. If the proceeds of the sale of any vehicle pursuant to this section are insufficient to satisfy accrued charges for towing, transporting, and storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens.
(D) A lien holder having a prior recorded lien listed on the title issued by the state shall be notified by certified mail within the first 15 days of impoundment. The letter shall include the make, model, license number, vehicle identification number, owner’s name and last known address, and tentative date of sale for the vehicle. If the above-referenced certified letter is not sent within the 15 days by the towing and storage company, then only 15 days of storage may be charged. The lien holder has the right to take possession of the motor vehicle after showing proof of lien still enforced, and paying the reasonable or agreed towing and storage charges on the motor vehicle. Nothing in this section shall allow the transfer of a vehicle subject to a lien, except as provided in KRS 186A.190.
(KRS 376.275(3))
Statutory reference:
Provisions concerning disposition of contents of motor vehicle, see KRS 376.275(4)