Damages to the Highway or Public Property.

A person operating a vehicle or moving an object or conveyance on a public highway in an illegal or negligent manner is liable for any damage to a public highway, bridge, elevated structure, or public property that results from the illegal operation of the vehicle.  When the operator of the vehicle is not the owner of the vehicle, object, or conveyance, the owner and operator are jointly and severally liable for any such damage.  The Washington State Department of Transportation or other affected state agencies may recover the damages to the public highway, bridge, elevated structure, or public property in a civil action.  Damages may include incident response costs including traffic control.
 
Public Impounds. 

In Washington, only registered tow truck operators (RTTOs) may take and hold a vehicle in legal custody without the consent of the owner, known as an impound.  A law enforcement officer or public official requesting a public impound must provide a signed authorization for the impound at the time and place of the impound to the RTTO before the operator may proceed with the impound.  Unless the removal of a vehicle is determined to be invalid, the costs of removal and storage costs must be paid by the registered owner of the vehicle, with the exception that if the removal of the vehicle is directed by the Washington State Patrol the costs of removal and storage must be paid by the owner or driver of the vehicle.  In both circumstances a lien is placed upon the vehicle until paid and the RTTO has a deficiency claim against the registered owner of the vehicle.

When a vehicle is impounded, the RTTO must send an impound notice to the legal owner, based on information received from law enforcement.  After a vehicle is held in impound for more than 120 hours it is considered abandoned, and the RTTO must file an abandoned vehicle report (AVR) with the Department of Licensing (DOL).  In response to the AVR, the DOL provides information to the RTTO regarding the owner of the vehicle, and the RTTO must send a notice of custody and sale, by certified mail, to the owner.

If the vehicle remains unclaimed, the RTTO must conduct a sale at public auction.  Vehicles may be redeemed by their legal owners any time before the start of the auction upon payment of towing and storage charges.
 
Fee Schedules.  

An RTTO must register a fee schedule with the DOL.  All filed fees must be adequate to cover the costs of service provided and no fees may exceed those filed with the DOL.

A person who operates a vehicle on a public highway in an illegal or negligent manner resulting in damages to the public highway is, in addition to other damages, also liable for vehicle towing, recovery, impound, and storage charges for an RTTO dispatched by law enforcement or other agency to clear the roadway or impound or recover a vehicle.

The towing, recovery, impound, and storage fees incurred by an RTTO are to be paid to the RTTO directly by the insured or as a third-party claim under the liability insurance coverage of the insured.  Payment must be made promptly and without unreasonable delay.  The rates charged for towing, recovery, impound, and storage fees may not exceed the amounts established in fee schedules filed with the DOL.