Abandoned Vehicles in Idaho: What the Law Says and How to Get One Removed

Maybe it’s a sedan with four flat tires sitting at the back of your apartment lot, a pickup a former tenant left behind, or a car that’s been parked on your rural road since last fall. Abandoned vehicles are eyesores, can leak fluids, and attract trouble. Idaho has a clear legal process for dealing with them. Here’s how it works.

What Idaho law says

Idaho Code 49-1801 is short and to the point:

• No person shall abandon a vehicle upon any highway.
• No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

And Idaho Code 49-1802 puts responsibility where it belongs. Abandoning a vehicle creates a presumption that the last registered owner of record is responsible and liable for the costs of removal, storage and disposal, less whatever the vehicle brings when it’s disposed of.

Abandoned on a public road or right-of-way

If the vehicle is on a public street or highway, it’s a job for law enforcement. Call the city police or sheriff’s non-emergency line with the location, a description and the plate number.

Under Idaho Code 49-1805, an officer who finds an abandoned vehicle (other than under what the law calls “extraordinary circumstances,” which are handled separately) attaches a notice in plain view saying it will be towed after 48 hours. The notice includes the officer’s name and agency, the time and date it was posted, when the vehicle will be removed, and a phone number and address for more information. If the vehicle has current plates and registration, the officer makes a reasonable attempt to notify the owner. After the 48 hours, it can be towed even if the owner couldn’t be reached.

Abandoned on private property

If your property is posted

If you have the sign Idaho requires (clearly conspicuous, large print, saying unauthorized vehicles will be removed at the owner’s expense, and naming the towing company), you can have the vehicle removed like any other unauthorized vehicle (Idaho Code 49-1806(1)). Our guide for property owners covers signs in detail.

If it isn’t posted

For non-commercial property without signs, Idaho Code 49-1806(2) lets the person in possession or control of the property contact a tow company to remove an abandoned vehicle. You’ll sign a release form identifying yourself as the person in control of the property, identifying the vehicle, and taking responsibility for its removal.

Remember that a vehicle can’t be treated as unauthorized just because its registration is expired (Idaho Code 49-1806(3)). It has to actually be abandoned, or break your posted rules.

Before you call a tow truck

• Ask around. Check with neighbors, tenants or employees. Sometimes the owner is in the hospital, deployed, or simply didn’t realize it was a problem.
• Document it. Take dated photos showing the vehicle, its plate and its location, and note how long it’s been there.
• Former tenants: if the vehicle belongs to someone who moved out, try to reach them and keep a record of your attempts. If there’s a dispute about ownership or belongings, talk to an attorney.
• Don’t do it yourself. Moving, stripping, scrapping or selling a vehicle that isn’t yours can get you into legal trouble, even if it’s been sitting on your land for a year.

What happens after it’s towed

Once the vehicle is removed, the tow company handles the official process (Idaho Code 49-1807):

1. The tow is reported in the Idaho Transportation Department’s towed-vehicle portal within one business day.
2. ITD notifies the owners and lienholders on record, by mail or email, with follow-up notices if the vehicle isn’t claimed.
3. The owner can reclaim it by proving ownership and paying the costs, or dispute the tow by filing a declaration of opposition with ITD.
4. If no one claims it and no dispute is pending, the tow company can apply for a title or junk certificate 30 days after the first notice.

Idaho law also says vehicles towed under this chapter can’t be disposed of without a title or a junk certificate (Idaho Code 49-1802(4)), which protects everyone from vehicles disappearing into the wrong hands.

A note for anyone who sells a vehicle

If you sell a car and the buyer never transfers the title, it can come back to you if they abandon it. Protect yourself by filing a release of liability with the Idaho Transportation Department when you sell. Idaho Code 49-1802 recognizes it: when an abandoned vehicle is towed by police and not redeemed within seven days, the traffic infraction falls on the buyer listed on the release, not on you.

Junk vehicles you own

If the abandoned vehicle is actually your own (that old car you meant to fix), you don’t need the impound process. Call us for junk vehicle removal. Have the title ready if you can.

Get it gone

C.A.R.S. of Idaho removes abandoned and unauthorized vehicles from apartments, HOAs, businesses and private land in Kootenai County, and handles the paperwork that comes with them. Call (208) 964-3081, or learn more about our impound and parking enforcement service.

This article is general information about how things usually work in Idaho, not legal advice. Laws change, and your contract or situation may differ. Where we cite the Idaho Code, the official text is at legislature.idaho.gov.