Understanding Care, Custody and Control

By Randall C. Resch 

Some tow owners don’t fully comprehend what “Care, Custody and Control” is?  When vehicles are impounded and stored by means of non-consent towing, private property impounds, or actions by law enforcement, tow companies have responsibilities to care for the property of others.    

For the tow and recovery industry, “Care, Custody and Control,” are risk management processes that span the entire duration (of storage) when vehicles, or property of others is entrusted to the company and its employees. The concept of “CC&C” is simple.  

Care  

Tow companies are responsible for direct damages to a customer’s vehicle during acts of loading, off-loading, during tow operations, test drives, picking up and delivery from a customer’s premises, lawful impound and while parked or being moved with the tow company’s property. 

Tow companies are responsible for total actions of its employees, citing “Vicarious Liability” applicable to vehicle operations and driving habits, exposure to contents not of 5their own, or actions that require industry standard training, techniques, and strategies.  

A certain “Standard of Care” is necessary in protecting a motorist’s vehicle and included property during tow, transport, and recovery tasks. The same liability is true 24/7 at the company’s facility, shop, and storage yard. To this point, is your facility properly insured to cover unlikely mishaps that cause damage to stored vehicles?     

Custody 

Is derived when best business practices ensure that vehicles or properties of others are reasonably protected from intentional or accidental damage. This includes harm, theft, or access provided to individuals not directly linked to stored or impounded vehicles while in the tow company’s custody.  

Tow companies are entrusted with providing adequate security in order to prevent a vehicle’s theft or liberation of its property/contents while serving time in custody or that of simple storage. It’s essential tow companies reduce opportunities of theft of property from towed, transported, stored or impounded vehicles by continuing business strategies intended to provide the following controls:  1. Install a centralized intrusion alarm that covers the entire premises 1. Install a centralized intrusion alarm that covers the entire premises 2. Provide a 24/7 video surveillance system 2. Provide a 24/7 video surveillance system 3. Maintain a “key control program,” lock-box or key-board 3. Maintain a “key control program,” lock-box or key-board 4. Require employee training regarding access and release procedures 4. Require employee training regarding access and release procedures 5. Implement a “Zero-Tolerance Theft Policy” to prohibit random “shopping by employees” 5. Implement a “Zero-Tolerance Theft Policy” to prohibit random “shopping by employees” 6. Store vehicles in secured areas until released  6. Store vehicles in secured areas until released  7. Inventory, report and/or store items of value 7. Inventory, report and/or store items of value 8. Keep facility access gates and portals closed to all non-employee personnel 8. Keep facility access gates and portals closed to all non-employee personnel 

Control 

Tow companies and their employees have direct responsibility to protect vehicles or properties of others by controlling accessibility or actions of persons not the owner/agent while vehicles and property is in the company’s safekeeping.  

“Control” is maintained by ensuring vehicles and properties remain safe within secured storage, including acceptable (employee) actions necessary to protect against accidental or intentional damage and theft.  

A company shall not allow unauthorized access or release of vehicles or properties to individuals other than those authorized by law enforcement, completed investigation, a valid court order, or documents necessary for release are obtained from the vehicle’s rightful (registered) owners or agents.   

I Didn’t Do It 

What happens when someone claims "My car wasn’t like that until you guys towed it.” It seems most claims are fictitious and revengeful moves to get back at the tow company, generally filed in attempts to recoup monies paid to bail vehicles out.  

Most contracts require companies to accept damage or theft claims filed by vehicle owners or agents. While there’s small certainty a vehicle was damaged in process of load and go, companies may be required to make repairs or “cut a check” for reasonable costs. When claims are made, savvy tow management invites the customer back to file a written complaint. Why? 

The company’s complaint form should include a “Perjury Statement,” noting “False claims will be prosecuted.” It’s surprising how many go away when claimant’s note they could be prosecuted for perjury. 

A company’s best evidence is tower’s taking plenty of photos that capture “pre-tow damages.” Also include a careful, “plain sight inventory” of the vehicle’s condition and its contents (both inside and out).  

Tow operators are tasked with making sure what they see is noted on the officer’s impound report before taking custody of a vehicle. Remember, documentation is key to fighting false claims.  

Whatever your processes are in providing Care, Custody and Control, be sure your facility is properly insured to cover unlikely mishaps including fire, theft, vandalism, or extensive damage caused to stored vehicles. If you’re not sure your policy includes Garage Keeper’s Insurance, give your insurance agent a call.  

Operations Editor  Randall C. Resch is a retired California police officer and veteran tow business owner. As consultant and trainer, he authored and teaches a tow truck operator safety course approved by the California Highway Patrol. For 51-years, he has been involved in the towing and recovery industry. In 26-years, he has contributed more than 700-safety focused articles for American Towman Magazine and TowIndustryWeek.com. He was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.