After a collision in North Carolina, the driver must notify law enforcement right away if anyone is hurt or killed or if total property damage reaches $1,000. An officer investigates and writes a report, and if the vehicle cannot be driven, the officer or the driver arranges a tow. Where the car ends up, what it costs to get it back and how to contest an unjustified tow all depend on who ordered the tow.
Who responds
Inside a city, the city police department investigates. Outside city limits, the duty falls to the State Highway Patrol, the county sheriff's office or other qualified rural police. Leicester is an unincorporated community, so crashes there are usually handled by the Highway Patrol or the Buncombe County Sheriff's Office. Within Asheville, the Asheville Police Department responds, and the towns of Weaverville and Woodfin have their own police departments.
When a crash must be reported
The statutory definition of a reportable crash in G.S. 20-4.01 covers any motor vehicle crash that results in death or injury of a person, or total property damage of $1,000 or more. Under G.S. 20-166.1, the driver of a vehicle in a reportable crash must notify the appropriate law enforcement agency immediately, by the quickest means of communication. The investigating officer then has 24 hours to make a written report. Modern repair costs mean that even a modest bumper or fender job can reach $1,000, so when in doubt, call. If the crash is minor and both drivers agree on what happened, you can still call and ask the dispatcher how to proceed.
What to do at the scene
- Check for injuries and call 911 if anyone needs help.
- If nobody is hurt and the vehicles can be driven normally and safely, move them out of the travel lanes to the shoulder or a safe spot nearby. G.S. 20-166(c2) expects drivers to do this in an injury-free crash, and a car left in a live lane invites a second collision.
- Exchange names, contact details, insurance and plate numbers. Do not argue about fault.
- Take photos of all vehicles, the road, any skid marks, signs and the damage before anything is moved.
- Ask the officer for the report number, the tow company's name and the address of the storage lot.
- Call your insurer as soon as you can. Many policies ask for prompt notice.
How a police-ordered tow works
When a vehicle must be removed from a roadway, the officer typically calls a company from an agency rotation list. The Highway Patrol's list is governed by G.S. 143B-1716, which ties rotation fees to what the operator charges for the same work on other calls; the guide to choosing a tow company covers the rest of that statute and what to check when a truck turns up. The statute does not say whether the driver can name a different company, so ask politely at the scene. If you have a roadside plan or insurer that dispatches its own tow, say so.
Once the vehicle reaches the tow operator's lot, storage charges begin. Under G.S. 20-219.11, the person who authorized the tow must notify the last known registered owner within 24 hours for a vehicle with a North Carolina plate or registration, and within 72 hours for an out-of-state vehicle. Call the lot before you go to confirm when it releases vehicles and what it accepts as payment.
Getting a car back after an Asheville police tow
The City of Asheville's public FAQ describes the process for tows its police department ordered. You can search by plate or VIN on the city's online vehicle finder, which shows where the vehicle is and why it was towed. To collect it, bring a photo ID, proof of ownership such as a title, registration or bill of sale, and proof of valid insurance. The city says you can take personal items out of the car even if you cannot yet pay the fees. It also publishes maximum charges for these tows, which are summarized in the towing cost guide. Check the City of Asheville page for the current wording and the lot's pick-up times before you go.
Contesting a police-ordered tow
If you think the tow had no legal basis, North Carolina's post-towing procedure gives you a way to challenge it. The main points of G.S. 20-219.11 and the sections around it:
| Step | What the law says |
|---|---|
| Request | The owner or another person entitled to the vehicle files a written request for a probable cause hearing with the magistrate in the county where the vehicle was towed. |
| Timing | The magistrate must set the hearing within 72 hours of receiving the request. |
| Scope | The only issue is whether probable cause existed for the tow, not whether the bill is too high. |
| If probable cause is found | The tower's lien stays in effect. |
| If it is not found | The tower's lien is extinguished. If you already paid or posted a bond, ask the court how to get the money back. |
| Getting the car now | The owner can recover the vehicle at any stage by paying the towing fee or posting a bond for double the fee (G.S. 20-219.12). |
| Appeal | Any aggrieved party may appeal to district court. |
The probable cause process does not apply to every tow. G.S. 20-219.10 leaves out vehicles seized as evidence in a criminal case, seizures under certain forfeiture statutes and seizures under a levy of execution, and the procedure does not reach ordinary private-lot tows, which are covered in the guide to tows from private property. The hearing rules themselves are in G.S. 20-219.11.
Insurance and the days that follow
Storage fees add up daily, so move the vehicle to a repair shop or the place your insurer designates quickly. Keep every receipt; many insurers reimburse towing and storage for a covered loss. If the vehicle may be a total loss, the insurer typically arranges transport to a salvage or inspection yard, but read any release carefully before signing. Whether the tow itself is covered depends on the policy: the article on whether insurance pays for a tow explains the options. For a sense of what a bill might look like, see the towing cost guide.
Frequently Asked Questions
Do I have to call the police after a minor fender bender?
If anyone is hurt or the combined damage is $1,000 or more, the law requires you to notify law enforcement immediately. Because repair costs add up fast, many drivers call even for a modest collision.
How do I get a copy of the crash report?
Ask the officer for the report number at the scene. You can then request a copy from the agency that investigated, or through NCDMV's crash report service, and check the current fee there before you order.
How do I find my car after the police towed it in Asheville?
Use the city's online vehicle finder with the plate number or VIN. It shows where the vehicle is stored and why it was towed. If the car is not listed, it may have been towed by a private lot's contractor, so check the signs where it was parked, and report a possible theft to the police if you still cannot find it.
What do I need to take to the tow lot?
For an Asheville police tow, the city asks for a photo ID, proof of ownership such as a title, registration or bill of sale, and proof of valid insurance. You can take out personal items even if you cannot pay yet. Elsewhere, call the lot first and ask what it requires.
How fast will a magistrate hold a hearing on a police tow?
The statute says the magistrate must set the hearing within 72 hours of receiving the written request. The only question at the hearing is whether probable cause existed for the tow.