Yes, you can absolutely be towed even if you are sitting inside your car. Your physical presence in the vehicle does not automatically grant you immunity from towing laws. The legality of the tow depends entirely on where your car is parked and if you are in violation of specific rules, such as parking in a fire lane, a handicapped spot without a permit, or on private property like a shopping center lot against posted regulations. A tow truck driver is authorized to hook up your vehicle if it is illegally parked, and attempting to stop them once the process has started can lead to serious legal trouble for you.
The critical factor is often the concept of "trespassing" on private property. Most store parking lots are private property open to the public for customer use. If you are parked there but not actively engaged as a customer (e.g., waiting for someone for an extended period, sleeping, or using it as a personal parking spot), the property owner or manager has the right to have your vehicle removed. They do not need to ask you to leave first; the posted signage is the warning.
If you return to find your car being hooked up, do not get into a confrontation. Your safety is paramount. Instead, calmly ask for the driver's credentials and the name of the towing company. Take pictures of your car's location, the tow truck, and any relevant signage. Your recourse is after the fact: you must pay the fee to retrieve your car from the impound lot and then potentially dispute the tow's legality in court if you believe it was wrongful.
| Common Towing Scenarios (Even While Occupied) | Typical Justifying Reason | Potential Action |
|---|
| Parked in a Fire Lane | Blocking emergency access; public safety hazard. | Immediate tow authorized by law enforcement or property owner. |
| Parked in a Handicapped Spot (without permit) | Violation of the Americans with Disabilities Act (ADA). | High fines and immediate tow, often without warning. |
| Overstaying time limit in a short-term parking zone (e.g., 15-minute parking) | Violation of posted private property rules. | Tow authorized by property management. |
| Parking in a Residential Permit Area without a permit | Violation of municipal ordinance. | Tow authorized by local law enforcement. |
| Obstructing a driveway or private road | Trespassing and blocking access. | Tow authorized by property owner or police. |
