can I get belongings out of friends car which was towed

UPDATED: Sep 30, 2022

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can I get belongings out of friends car which was towed

I was riding with a friend and she had and accident. We both were injured.
Her car was totaled and towed. I believe my house keys and a few other
missing personal items are in the car but the towing company won’t look or
let me look until the towing charges are paid. Am I entitled to my stuff? I
live in Minnesota.

Asked on November 29, 2016 under Accident Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are entitled to your belongings, since there is no legal basis for holding them. Unfortunately, if the towing company will not let you retrieve them voluntarily, the only way to get them is to file a complaint in court--"regular" county court, not small claims--seeking a court order that they let you retrieve your belongings; such an order would then entitle you to law enforcement help in enforcing it, if necessary. Doing this will take some time and cost money; you may be best off helping your friend pay the towing charges, then having her repay you (you can put the agreement to repay in writing to make it easier to enforce). If you do want to file a legal action, the court clerk or customer service office can provide instructions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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