How To Claim an Abandoned Vehicle in Kentucky
Claiming an abandoned vehicle in Kentucky is a legal process governed by Kentucky Revised Statutes Chapter 189 for vehicles abandoned on public roadways and Chapter 376 for towing and storage company procedures, with additional procedures for locally impounded vehicles under Chapter 82. Administrative procedures are established in 502 KAR 15:020. Strict adherence to statutory notice, waiting period, and titling procedures is required to establish ownership and obtain a certificate of title.
What Qualifies as an Abandoned Vehicle in Kentucky
Kentucky defines abandoned vehicles according to the following categories based on location and duration:
- A motor vehicle left upon the right-of-way of a state highway for 3 consecutive days, whether or not the vehicle is fit for future use, is presumed abandoned under KRS 189.753.
- A vehicle is left upon a county road or city street for 3 consecutive days, which creates a presumption of abandonment under KRS 189.751, and is subject to removal upon request of the public authority having jurisdiction.
- A motor vehicle left unattended on the right-of-way of a public roadway under circumstances indicating abandonment, including vehicles that are totally inoperable, lack registration plates, or create a hazard to public safety.
- A motor vehicle that has been legally impounded by local law enforcement and remains unclaimed for 10 business days after notice under KRS 82.630.
A person who abandons a vehicle on a county road or city street commits a criminal offense punishable by fine and imprisonment under KRS 189.751. Abandonment on private property may be treated as criminal trespass or subject to removal pursuant to local city ordinances that authorize towing services to remove vehicles from private property.
Process To Claim an Abandoned Vehicle in Kentucky
Understanding the Abandoned Vehicle Process
Kentucky provides distinct procedures depending on the vehicle's location and the authority involved. For vehicles abandoned on state highways, the Kentucky State Police orders removal by a towing or storage company, sends notice to the owner, and, if unclaimed after 60 days, permits the towing company to sell the vehicle. For vehicles left on county roads or city streets, local authorities may initiate removal procedures. For vehicles in the possession of a towing or storage company under a possessory lien (resulting from towing at owner request, law enforcement direction, or private request authorized by local ordinance), the towing company must comply with statutory notice and 45-day waiting period requirements before sale. For vehicles impounded by local law enforcement, a separate 45-day procedure under KRS 82.630 applies. In all contexts, ownership transfers through the sale process or title application, and title is obtained through application to the county clerk.
Detection and Initial Tagging (State Highway Vehicles)
Upon determination that a vehicle is presumed abandoned on a public roadway under KRS 189.753, the Kentucky State Police shall affix a notice to the vehicle documenting the date and location.
Notification to Owner (State Highway Vehicles)
The Kentucky State Police shall, if possible, notify the owner by certified mail that the vehicle was illegally parked upon public property, the present location of the vehicle where it is being held, that retrieval will require payment of towing and storage charges, and that the vehicle may be sold if not claimed within 60 days. Notification is not required if ownership cannot be determined. Notice by the Kentucky State Police constitutes substantial compliance with notice requirements by the towing and storage business under 502 KAR 15:020.
Allow the 60-Day Holding Period (State Highway Vehicles)
The vehicle shall be held for 60 days from the date of the initial notification. If, after this 60-day period, the reasonable charges for towing and storing the vehicle have not been paid, the vehicle may be sold by the owner of the towing or storage facility.
Pre-Sale Verification Procedures (All Vehicle Types)
Prior to setting any date for sale, the towing or storage facility shall contact the Kentucky State Police and determine if the vehicle is part of an ongoing investigation that would preclude sale and inform the State Police of any anticipated date of sale under 502 KAR 15:020.
Send Second Notice by Certified Mail (All Vehicle Types)
Ten (10) days prior to the sale, the towing or storage facility shall send a certified letter to the owner stating the time and place of the sale. This notice must describe the vehicle and identify the charges being claimed. For vehicles with recorded lienholders, the towing or storage facility must notify lienholders within the first 10 days of impoundment and inform them of the proposed sale under KRS 376.275.
Conduct Public Auction (All Vehicle Types)
If the owner fails to respond to the second notice or make provisions to pay the towing and storage charges, the vehicle may be sold at public auction. The sale shall be conducted to the highest bidder for cash. The towing or storage facility shall provide the purchaser with documentation confirming that general notice procedures for a public sale, in compliance with Kentucky law, have been followed.
Obtain Certificate of Compliance and Bill of Sale (All Vehicle Types)
Upon sale, the towing or storage facility shall provide the purchaser with a bill of sale documenting the sale and the charges paid. The seller must also complete and retain an affidavit confirming the towing and storage charges, the proceeds of the sale, and any excess funds. Any surplus proceeds after satisfaction of all liens (excluding tax liens) shall be transmitted to the Kentucky State Police agency fund.
Apply for Certificate of Title
The purchaser must apply for a Kentucky certificate of title and registration with the county clerk in the county of residence or the county where the vehicle will be titled. The application shall be made on Application for Kentucky Certificate of Title or Registration (Form TC 96-182). The application must be accompanied by the certified mail receipts (both the green/white slip and the green postcard return receipt) from each certified letter sent to the owner, the bill of sale from the seller, and, if applicable, a sheriff's inspection certificate for out-of-state titled vehicles or vehicles not currently titled or registered in Kentucky. Title application fees apply as established by the county clerk's office.
Special Procedures for Locally-Impounded Vehicles
For motor vehicles impounded by local law enforcement, the impounding agency shall mail notice by certified mail to the registered owner and any lienholders of record within 10 business days of impoundment, affording the parties the right, within 10 days from the date of notice, to claim the vehicle or request a hearing. After 45 days from the date of notice, the vehicle shall be deemed abandoned and shall escheat to the local government. If the vehicle is deemed suitable for use, the law enforcement agency may obtain a certificate of registration and ownership from the county clerk on Police Impounded Vehicle Form TC 96-331 and either use the vehicle for governmental purposes or sell it at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for its scrap or junk value. The procedures for locally impounded vehicles differ from state highway abandoned vehicle procedures and are governed exclusively by KRS 82.630.
Maintain Records
The towing or storage facility and any law enforcement agency conducting an abandoned vehicle sale shall maintain records, including copies of all notices sent, certified mail receipts, proof of publication (if required), the affidavit of sale, bill of sale, proof of compliance with notice procedures, and all associated documentation. Records shall be retained for periods specified by law or agency policy.
Kentucky Storage Fees And Financial Considerations
Towing and Storage Lien
Any person engaged in the business of storing or towing motor vehicles who has complied with notification requirements of KRS 281.928 shall have a lien on the motor vehicle and its contents for applicable and reasonable charges assessed in accordance with KRS 281.926 and 281.932. The lien remains valid as long as the vehicle remains in possession of the towing or storage company under KRS 376.275.
Notification to Lienholders
A lienholder having a prior recorded lien listed on the title issued by the Commonwealth of Kentucky shall be notified by certified mail within the first 10 days of impoundment. The notification must include the make, model, license number, vehicle identification number, owner's name and last-known address, and the tentative date of sale. If the certified letter is not sent within 10 days by the towing and storage company, then only 10 days of storage may be charged under KRS 376.275(1)(c)(3). The lienholder has the right to take possession of the motor vehicle by providing proof that the lien is still enforceable and paying the reasonable or agreed towing and storage charges.
45-Day Possession and Sale Period (Towing/Storage Company Liens)
If storage and towing charges are not paid within 45 days of notification, and the lienholder does not take possession or the owner does not exercise the right to reclaim the vehicle, the towing company or storage facility may obtain a new title free and clear of all liens (excluding tax liens) pursuant to KRS 376.275(1)(c). This 45-day period applies specifically to towing and storage company possessory liens, not to state highway abandoned vehicles (which follow a 60-day period).
Personal Property in Vehicle
Certain items within the vehicle must be released to the owner upon request within 45 days of towing, including prescription medications in proper containers, personal medical supplies and equipment, educational materials, documents, and electronic devices storing personal information, firearms and ammunition, child restraint systems, and financial documents under KRS 376.275(2). Personal medical items and financial documents must be disposed of rather than sold if not claimed within 45 days. Other exempt contents not claimed within 45 days may be sold or disposed of as provided by law.
Sale Proceeds and Excess Funds
Proceeds from the sale of an abandoned vehicle are first applied to satisfy the towing and storage charges, applicable costs of sale, and costs of notice. If proceeds are insufficient to satisfy accrued charges, the owner remains liable for unpaid amounts. If proceeds exceed all charges and liens (excluding tax liens), any excess funds shall be deposited in the state police agency fund or appropriate local government fund under KRS 189.753 and 502 KAR 15:020. Tax liens survive the sale and remain attached to the vehicle title.
Disputes and Charges
Disputes over towing and storage charges are governed by Kentucky Code Chapter 281, which establishes procedures for dispute resolution and rate regulation. The reasonableness of charges must comply with standards established by KRS 281.926 and state law.
Contact Information
Kentucky Transportation Cabinet
200 Mero Street, Frankfort, KY 40622
Phone: (502) 564-4890
Official Website: Kentucky Transportation Cabinet
