A non consent tow is a tow you did not ask for. A police officer or a property owner ordered it, and your permission was not needed. A consent tow is the opposite: you called the truck and agreed to the price. The difference decides who picks the tow company, who sets the price and what rights you have.
This guide explains both types under Kansas law and Wichita rules. It is general information, not legal advice.
Consent Tow vs. Non Consent Tow
| Consent tow | Police ordered tow | Private property tow | |
|---|---|---|---|
| Who orders it | You, your insurer or your motor club | A law enforcement officer | The property owner |
| Who picks the company | You | The officer, from the city list, unless you request a company | The property owner |
| Who sets the price | You and the company agree before the hook up | City rules | City rules, with a cap |
| Where the car goes | Where you choose | A tow yard or impound lot | The tow company’s yard |
| Example | Breakdown on Kellogg | Crash, arrest or abandoned car | Parked in a posted apartment or business lot |
5 Times Your Car Can Be Towed Without Your Consent in Kansas
1. After a crash, when the car cannot be driven
If your car is blocking the road and you cannot or do not choose a tow company, the officer calls one. In Wichita, police policy lets you request your own company, and that company has 45 minutes to arrive. If you do not ask, the next company on the city’s rotation list gets the call. See choosing your own tow company after an accident.
2. When police impound the vehicle
Officers can impound a vehicle in the situations their policy lists. A common example is an arrest where nobody else is there to take the car. The car goes to a lot, and you need your registration and a photo ID to get it out.
3. When a car sits on a highway for more than 48 hours
Under K.S.A. 8-1102, a vehicle left on a public highway for more than 48 hours can be removed by law enforcement. The shoulder of I-135 or K-96 is not a place to leave a dead car for the weekend.
4. When a car sits on a Wichita street for more than 48 hours
The city limits street parking to 48 hours in one spot. Wichita police tag the vehicle first. If it has not moved when the time runs out, it can be towed.
5. When a car is parked on posted private property
The City of Wichita says a private property owner may call a tow company when the lot is properly marked, and that the vehicle owner pays for the tow. This covers apartment lots, store lots and private drives. State law also lets a self storage operator have a vehicle towed where a city ordinance allows it. We cover renters in can your apartment complex tow your car.
Why the Law Treats a Non Consent Tow Differently
In a consent tow, you can shop. You can call two companies, compare prices and say no. The price is a deal between you and the company.
In a non consent tow, you cannot shop. The car is already on the truck. That is why government sets the rules. Federal law, 49 U.S.C. 14501(c), leaves states and cities free to regulate the price of tows done without the owner’s prior consent. It also lets them require written permission from the property owner before a private property tow.
Kansas uses that room in K.S.A. 8-1103. A city that allows private property towing must set the maximum rate for the tow and for storage. In Wichita, KSN reported council approved rates of $120 for a light tow, $4.70 per mile and $36 per day for storage. KSN noted the ordinance covers private property tows and police impounds.
Your Rights After a Non Consent Tow in Kansas
- You can find out where the car is. For private property tows, the city ordinance must require the tow company to report the vehicle’s location to local police within two hours.
- You get written notice of storage fees. The company must give the driver, if available, written notice that storage will be charged. Without it, the lien for storage is not valid.
- You can get to your personal property. For private property tows, the owner has access to personal property in the vehicle for 48 hours. Personal medical supplies must be released on request. See getting belongings out of a towed car.
- You get notice before a sale. Under K.S.A. 8-1104, the tow company has to ask the state who owns the car and send notice by certified mail before it can sell the vehicle. Our guide on how long a tow company can keep your car has the timeline.
- Your car stays in Kansas. A tow company cannot tow a vehicle to a location outside Kansas without consent.
- You can ask about a payment plan. KSN reported that Wichita’s rules include a payment plan for people who qualify, with a five day deadline to apply. The city’s own page describes the plan for vehicles impounded by police, so ask if your tow is covered.
To get the car back, follow the steps in getting your car out of impound in Wichita.
What a Consent Tow Should Look Like
When you are the one calling, you hold the choices. A good consent tow has these parts:
- You get the total price before the truck is sent, and you know what could change it.
- You pick where the car goes: your shop, your home or the company’s yard.
- You get an itemized receipt.
- The company holds a certificate from the Kansas Corporation Commission, which K.S.A. 66-1330 requires for wrecker and towing services.
One thing is the same for both types. The lien in K.S.A. 8-1103 applies to a tow you requested too. If your car goes to a tow yard at your request and the bill is not paid, the company can hold the vehicle.
Questions About Consent and Non Consent Tows
What does non consensual tow mean?
It means the vehicle was towed without the owner’s permission, at the direction of police or a property owner. Non consent tow, non consensual tow and involuntary tow all mean the same thing.
Is there a non consent tow fee schedule in Kansas?
Kansas law leaves the maximum rates for private property tows to each city or county. Wichita sets its own. Ask the tow company for an itemized bill and compare it to the current city rates.
Who pays for a non consent tow?
The vehicle owner pays the tow and storage to get the vehicle released.
Can I choose the tow company in a police tow?
In Wichita, yes, if you ask the officer at the scene and your company can arrive within 45 minutes.
What if I think the bill is wrong?
Get the itemized bill and read how to dispute a towing bill in Wichita.
Make It a Consent Tow
The best way to avoid a non consent tow is to move the car yourself before someone else orders it moved. Call Miller’s Towing & Recovery at 316-351-4754. We are a local tow company in Wichita, KS. You pick where the car goes, and you get the price before we hook up.