2005 Arizona Revised Statutes - Revised Statutes §28-4847  Insurance companies; release; fees; definition

A. On payment of all reasonable towing, storage and related fees, a towing company shall release a towed vehicle to a person designated in writing by an insurance company. The towing company shall release the vehicle during normal business hours on the day both the request for release and payment are received by the towing company. The request for release shall be in writing and:

1. Shall indicate the name of the insurer as well as the name, address and telephone number and fax number of a representative of the insurer.

2. Shall include the name, address and telephone number of the owner, the owner's written consent for release of the vehicle and the name of the insured, if different from the owner.

3. Shall include the insurer's claim number and the name of the person to whom the insurer authorizes release of the vehicle.

4. Shall be signed by the owner except as provided in paragraph 6 of this subsection.

5. May be faxed, mailed or hand delivered to the towing company.

6. If the written consent of the owner is not obtained pursuant to paragraph 2 of this subsection, the request for release shall include a statement that the insurer has authorization from the vehicle owner to remove the vehicle from the towing company's storage premises.

7. Shall include a statement that the owner has been informed that pursuant to this section the towing company is presumptively not responsible for any loss of personal property or damage to the vehicle that is not disclosed to the towing company before the insurer or the insurer's authorized agent removes the vehicle from the towing company's storage premises. The notice shall also include a statement that the owner may inspect the vehicle at the towing company's storage premises, may remove any personal property from the vehicle and may report any damage to the vehicle to the towing company at the time of inspection.

B. If the vehicle owner does not inspect the vehicle pursuant to subsection A, paragraph 7 of this section prior to removal of the vehicle to another premises, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption shall be created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company. The presumption may be overcome by a preponderance of evidence to the contrary.

C. Except for proration for partial days, a towing company shall not charge additional storage fees for a vehicle after a request for release and payment has been made pursuant to subsection A of this section if both of the following apply:

1. The insurance company or its representative provides the written request for release as prescribed in this section.

2. The insurance company or its representative removes the vehicle from the towing company's storage premises during normal business hours on the day the towing company receives the request for release.

D. This section does not create a cause of action or a right to bring an action against a towing company for releasing a motor vehicle to a person other than the owner if the written authorization as prescribed in this section is provided to the towing company by the owner or an insurance company.

E. For the purposes of this section "owner" has the same meaning as defined in section 28-101.