Yes, you can absolutely be towed while you are still inside your car. It is a dangerous and illegal practice, but it does happen, primarily during parking enforcement or repossession scenarios. The key factor is whether the towing company has legal authority to move the vehicle. If your car is illegally parked on private property or has a boot for unpaid tickets, the driver may proceed with the tow even if you're in it. Your immediate focus should be on safety: do not attempt to argue or resist while the vehicle is in motion.
The legality hinges on the reason for the tow. For an illegally parked vehicle on private property like a shopping center lot, the tow truck operator is typically authorized to remove the vehicle regardless of occupancy once the property owner has called them. Your presence does not invalidate the parking violation. However, the situation is different for law enforcement-initiated tows on public roads. An officer will almost always require you to exit the vehicle before it's hooked up.
Your safest course of action is to calmly get out of the car and address the situation on the ground. Trying to stay inside a moving vehicle is extremely hazardous. Once out, you can verify the tow truck operator's credentials and the reason for the tow. If you believe the tow is wrongful, take pictures, note the company name and truck number, and dispute it later through the proper channels, not on the scene.
| Common Towing Scenarios & Occupant Status | Typical Legality of Towing with Occupant | Recommended Immediate Action |
|---|
| Private Property Tow (e.g., mall parking lot) | Often legal if authorized by property owner | Exit the vehicle calmly and safely to avoid injury. |
| Repossession | Legal for the repo agent to take the car, but they cannot breach peace (laws vary by state). | Do not confront; collect belongings and contact the lender. |
| Public Road Tow (e.g., blocking a hydrant) | Law enforcement will typically require occupant to exit first. | Comply with officer instructions immediately. |
| Immobilized Vehicle (e.g., already on a flatbed) | Highly dangerous and illegal for the operator to move it with you inside. | Signal clearly to the driver to stop and lower the vehicle. |
