Towed for Parking in Kuwait

Car towed for prohibited parking in Kuwait? Learn when towing is lawful, how to collect your car, how to object, and who pays for damage during the tow or impound, including private car parks.

You walk out of a restaurant, an office building or a shop and your car is not where you left it. Your first thought is theft. Then you notice a sign, a mark on the asphalt, or a guard tells you the car was "taken away". Every practical question arrives at once: who took it, and where? Did they have the right to? What do I bring to get it back? If I believe I parked lawfully, how do I object? And if the car comes back scratched, with a broken window or missing belongings, who pays?

These questions come up constantly in Kuwait because space is tight, parking is scarce and a car is a daily necessity. A routine afternoon turns into a lost day at a police station and an impound yard. Worse, most drivers react emotionally: they collect the car in a hurry without looking at it, pay whatever is asked without asking why, and discover days later that the damage cannot be proven against anyone.

This article deals with one specific angle: towing or impounding a car because of prohibited parking, and your rights at each stage. It does not repeat the separate topic of licence withdrawal and vehicle detention for serious violations, which we cover in Driving licence withdrawal and vehicle detention in Kuwait, nor the general classification of traffic violations, which is in Traffic violations in Kuwait: classification, penalties and objections. Here the focus is narrower and more practical: what makes a tow lawful or unlawful, how to recover your car, and how to protect your claim if it is damaged.

Quick answer

Can my car be towed for prohibited parking? Yes, where the parking breaches traffic rules, obstructs traffic or endangers public safety, and the removal is carried out by an authorised body following the prescribed procedure. Owning a tow truck does not by itself confer the power to tow.
How do I find my car? Start with the competent traffic authority for the area and the official electronic services for vehicle and violation enquiries, then ask for the location of the yard. Do not assume theft before ruling out a tow.
What do I need to collect it? Proof of identity, proof of ownership or authority over the vehicle, whatever vehicle papers the officer requests, and proof of payment of what is lawfully due. Most important: inspect the car before accepting it.
Can I object? Yes, both to the parking violation and to the tow itself. An objection succeeds on evidence: photographs of signs, markings and the state of the spot at the time.
Who bears damage during towing? Whoever had the car in their custody and caused harm through fault or negligence, whether a public authority, a towing operator or an impound yard, under the civil law rules on liability. The burden of proving that the damage occurred during the tow rests on the person alleging it, which is why documentation at handover is decisive.
What about private parking at malls and apartment buildings? Private towing is a different story. Its authority comes from contract or ownership, not from traffic enforcement power. See the section on private parking below.

The legal framework: what is a tow based on?

Driving and parking in Kuwait are governed by the Traffic Law No. 67 of 1976, its executive regulations and the ministerial decisions that supplement it. A basic idea runs through this area: a public road is not the property of whoever uses it. It is a public facility on which movement and parking are organised to protect safety and keep traffic flowing. A driver who parks where the rules forbid it, or in a way that obstructs traffic or endangers others, commits a violation. Traffic officers may record it and, where the regulations permit, have the vehicle lifted and moved.

Several other texts interact with this framework:

Traffic Law No. 67 of 1976: the basis of the violation, the enforcement powers, parking regulation, warnings, and the moving and detention of vehicles. The detail is spread across the law, its regulations and ministerial decisions.
Civil Code, Law No. 67 of 1980: the basis of liability for harm. Whoever wrongfully causes damage must compensate for it; whoever has a thing in their custody answers for damage it suffers while there; and whoever takes property to keep and return it must look after it and return it intact.
Law of Evidence in Civil and Commercial Matters, No. 39 of 1980: who carries the burden of proof and what counts as evidence. Photographs, recordings, witnesses and expert reports all carry weight before the judge.
Civil and Commercial Procedure Law, No. 38 of 1980: governs civil claims, including urgent applications if a body refuses to release your car without any basis.
Administrative Circuit Law, No. 20 of 1981: the judicial route for challenging administrative decisions, including removal, relocation or detention decisions when they are administrative acts of a public body.

The key point is that a tow is an administrative measure tied to the violation, not a penalty in itself. Its purpose is to clear an obstruction or prevent danger, not to punish the owner. This changes how you handle the incident: the violation has its own objection route, the tow has its own, and damage to the car has a third and different one.

When may a car be towed, and who has the authority?

First: parking that typically justifies a tow

Not every parking violation justifies lifting the car. Normally a ticket is written and the car stays. Towing is used when something more is at stake. The following situations are commonly treated as grounds, though details depend on the regulatory decision applied in the area:

Parking that obstructs traffic, blocks a lane or narrows the road, especially on busy streets, junctions and bends.
Parking in spaces reserved for others, such as bays for people with disabilities, emergency entrances and exits, or the approaches to ambulance and civil defence facilities.
Parking where stopping is absolutely prohibited under clear markings such as yellow lines or explicit signs.
A vehicle left abandoned for a long time on a road or public land so that it appears discarded. This is usually handled through a separate procedure, typically preceded by a warning or a notice on the vehicle.
Parking that creates a safety hazard or interferes with a temporary public arrangement such as road works or an event.

Second: who is the competent authority?

The body authorised to enforce parking rules on public roads is the competent traffic authority. In some cases contractors carry out the lifting and transport under official assignment and supervision. The answer varies by location:

Public roads and streets: the authority belongs to traffic officers and the competent official bodies. No private party derives a power to tow from this unless it has been formally assigned in a recognised way.
State property and public land: other bodies responsible for removal may be involved, and State Property Law No. 105 of 1980 and its implementing decisions apply. A vehicle left on public land may be removed by a procedure different from the one for prohibited parking in a street.
Private parking: the power to tow here is not an enforcement power. It is contractual or derived from ownership, and is discussed in its own section below.

How to tell a lawful tow from an unlawful one

Ask yourself four questions before judging the incident:

Was there a clear sign or marking prohibiting parking at that place and time? A prohibition you could not reasonably see is hard to hold against you.
Is a violation recorded, or was a notice left on the car stating the reason and the body that acted?
Was the tow carried out by someone with standing, with uniform, identification or a vehicle bearing the body's markings, rather than by a person with no authority?
Is the incident documented in a record or notice stating where the car was, why it was lifted and where it was taken?

If all of these are missing, you have grounds for an objection or a complaint. If they are all present, the action is probably founded, and your more productive fight lies in getting the car back undamaged and paying only what is properly demanded.

Finding your car and collecting it

Step one: make sure it was towed, not stolen

Before reporting a theft, check the following: look for a sign or paper notice at the parking spot, ask the building guard and nearby shops, contact the traffic authority for the governorate and any towing units whose numbers are available, and check the official electronic services for the vehicle's status. If a tow is confirmed you will learn the body and the location. If nothing turns up, report it as a possible theft. A good-faith report that turns out wrong does you no harm, whereas delay in reporting a real theft can.

Step two: ask for the reason, the location and the procedure

At the authority or the yard, ask to be told, in writing if possible, three things: why the car was towed, what violation is recorded against it if any, and what you must do to have it released. Ask for a copy of anything you are given or asked to sign. Many later disputes began with a paper signed without being read.

Step three: the usual documents

Requirements differ by body, but you will usually need:

Proof of identity, normally the civil ID or its equivalent.
Proof of ownership or lawful possession, such as the registration document. If the car is rented or registered in someone else's name, bring proof of your authority: the rental contract, a power of attorney or the owner's authorisation.
A valid driving licence if the collector must be the driver.
Proof of payment of what is lawfully due on the violation or any fee set by the regulations.
If someone else is collecting: a power of attorney or authorisation permitting them to do so, with copies of both IDs.

Vehicles registered to companies follow a special rule: the person who lawfully represents the company, or someone it formally authorises, must attend. Companies should keep ready authorisations for their drivers so that a simple tow does not turn into a full day of paperwork.

Step four: inspect before you accept

This is the single most important moment in the whole article. Do not sign for a clean handover before inspecting the car. Do the following calmly even if the clerk is rushing you:

Photograph all four sides before touching the car, with the date and time visible in the image or in the file data.
Check bumpers, wheels, rims, doors, glass, mirrors and the underbody. A tow can scrape a bumper, crack an under-tray or damage the gearbox housing.
Open the car and check the interior: belongings, bags, devices, papers, the boot, the odometer and any new warning lights on the dashboard.
Start the engine if it is safe, and listen for new noises or alerts.
If you find damage, do not leave before asking for it to be recorded in a report or official paper and getting a copy, or asking the yard supervisor to inspect it.

If they refuse to record your remark, write it yourself on the handover paper in plain words, such as "Vehicle received subject to scratches and a break on the stated side", sign it, ask for a copy and photograph it. A written reservation made at handover is far stronger than a verbal complaint later.

Objecting to the parking violation or to the tow

There is more than one kind of objection, so first decide what exactly you are challenging.

A) Objecting to the violation itself

If you believe you did not commit a violation, your objection normally rests on one of these: no sign or marking, or one that was hidden (a fallen or covered sign, a faded line); an error in the place or time recorded; a wrong plate number or vehicle details; a compelling excuse such as a sudden breakdown, a medical emergency or an accident that forced you to stop; or another person was driving. The procedure for objecting to automatically recorded violations is covered in Objecting to a camera-recorded traffic violation in Kuwait, and much of it applies here in terms of evidence, administrative grievance and challenge before the courts.

B) Objecting to the tow

The violation may be valid while the tow itself was unjustified. For example, the car was parked wrongly but obstructed no one and created no danger, so lifting it was disproportionate; or the tow happened without a warning where the rules require one; or it was carried out by someone without authority. Your objection here is to the removal decision or to the charges imposed because of it.

C) Where do you object?

The practical path runs through three stages:

A grievance to the competent traffic authority through the official channels, attaching your evidence. It is the fastest and cheapest route and often ends the matter.
A formal administrative grievance to the higher authority if the first is rejected, as the relevant administrative decision provides.
A court challenge before the competent court. A dispute about the validity of the administrative decision itself goes to the Administrative Circuit under its law, while a claim for compensation for resulting material damage goes to the civil courts under the procedure rules. Time limits at each stage are strict, so confirm the limit applicable to your case with the authority or a lawyer before it passes.

D) What strengthens your objection

Clear photographs of the spot showing the absence or ambiguity of the sign, or similar cars parked there without action.
Photographs from several angles showing your car was not obstructing traffic.
A paid parking receipt or entry ticket proving you were in a permitted place.
Messages or records proving your arrival and departure times.
Witness statements: a guard, a shopkeeper, a passenger.
Medical reports or repair invoices if your excuse was a breakdown or emergency.

A general rule: do not pay what you do not understand, but do not leave your car stuck if collection is conditional on payment and nothing protects you from the delay. Pay, or lodge the required deposit, at collection while recording your objection in writing, then seek a refund of anything proved not to be due. That way you lose neither the car nor your right.

Damage or missing items during the tow or impound: liability, compensation and proof

On what basis does liability arise?

The Civil Code supplies three rules that cover most of what happens:

Liability for harmful acts: whoever wrongfully harms another must compensate. If a tow operator damages your car by lifting it incorrectly, securing it poorly or hitting it during transport, fault is established, and the operator, or whoever employs the operator for acts done in the course of work, can be held liable.
Liability for things in one's custody: the party who actually had custody of the car when it was damaged, such as the impound yard storing it, answers for what befalls it unless it proves the harm came from an outside cause for which it was not responsible.
The duty to keep and return: whoever receives your car to keep and return it must look after it with proper care and return it in the condition in which it was received.

Who is the right defendant?

This is where most confusion arises. Several parties may be involved: a traffic body that ordered the tow, a contractor that executed it, and a yard that held the car. Do not commit to a single party before knowing who had the car in their custody when the damage happened. The party that carried out the lifting may answer for damage during lifting, the holding yard for damage while the car stayed there, and more than one party may be jointly liable if they shared the fault. Where the party is a public body, the administrative and judicial route described above applies. We discussed a close situation in A pothole or road works damaged my car in Kuwait: do I claim against the authority or the contractor? The logic for identifying who is responsible is the same: the one within whose work or custody the harm occurred.

Does "wrongful parking" excuse the party that towed?

No. This is one of the most dangerous common misconceptions. That you parked wrongly justifies the ticket and may justify the tow, but it gives no one licence to damage your car. Whoever tows a wrongly parked car must do so with reasonable care, as they would any other car. You might be found partly at fault if your parking increased the likelihood of harm in the particular incident, but that usually reduces compensation rather than removing it, and the assessment belongs to the judge.

Items missing from the car

Missing belongings are harder to prove than a scratch. You must show first that the items were in the car when it was towed, second that they disappeared while it was in someone else's custody, and third their value. To limit the dispute:

Do not leave valuable items in the car, visible or hidden. Wrongful parking does not create a right to custody of your belongings.
If you notice something missing at collection, record it immediately in a report and ask for a copy.
Keep purchase invoices, photographs of the items or any evidence they were in the car.
Remember that witnesses can prove the presence of an item in a car where nothing else is available, under the rules of evidence the judge applies.

Proof: building a file that cannot be brushed aside

The rule is that the person alleging damage, and that it occurred during the tow, must prove it. If you cannot show that the car was sound before the tow and damaged after it, your claim will probably fail. The following strengthen your file:

Before photos: pictures of your car where it was parked, or recent photographs showing it undamaged. Some drivers photograph their car every time they park in crowded places. It is a habit that pays off.
After photos: at the moment of collection, before moving the car, with location and date visible.
The handover record: with your written remarks and the signature of the officer.
An official report of the damage to the traffic authority or the local police station when the damage is serious, so the incident is on an official record.
A technical report from a reliable workshop or a loss assessor describing the damage, its likely cause and the cost of repair, ideally close to the date of the incident.
Correspondence showing you notified the body or company of the damage at the first opportunity.
Proof of the car's value before the damage if the damage is severe, such as a market valuation or insurance document.

What does compensation cover?

Compensation generally covers the cost of repair, enough to restore the car to its former state, or the loss in value if repair cannot fully restore it. It may also cover loss of use during the repair period depending on the circumstances, and expenses that were a direct result of the damage. Compensation is not awarded for harm you have not proved or that was not a direct consequence of what happened. Assessment is for the judge and any expert the court appoints.

The insurer's role

If your car has comprehensive insurance, the policy may cover damage that occurs during a tow, subject to its terms and exclusions, and your insurer then pursues the party responsible. This is sometimes quicker than suing the liable body. Review your policy and ask about cover for damage in transit or in custody. Note that third-party insurance does not compensate damage to your own car. As for the tow operator's or yard's insurance, if one exists, it is normally pursued through the party responsible for it rather than directly. We discuss insurance-based claims more generally in our accident articles, for example Motorcycle and e-scooter accidents in Kuwait: who compensates the injured?, from the standpoint of general insurance logic.

Private parking at malls and apartment buildings, and private towing companies

This part concerns what happens off the public road, where there is a great deal of confusion because many people think anyone with a tow truck can remove any car parked anywhere. The reality is more nuanced.

Public authority versus private right

A traffic authority's tow rests on an enforcement power conferred by law. The owner of a shopping centre, the owner of a building or a parking management company relies instead on its right in its own property or on a contract with the person using the parking. Two consequences follow: its authority is narrower and conditional on the terms being clearly communicated, and your relationship with it is contractual and civil, governed by contract and liability rules, not a traffic enforcement relationship.

When is towing from private parking lawful?

When the space is reserved for a body, a resident or the customers of a particular shop and the reservation and warning signs were visible and clear before you entered.
When the conditions of use, including the possibility of towing, were announced in advance at the entrance, on the ticket or in the tenancy terms.
When the tow is carried out by a party that has a contract and standing with the owner of the parking, and in a safe manner.
When the parked car blocks an entrance, an exit or an emergency route. The interest at stake is obvious and the tow is closer to being justified.

When is it open to dispute?

When your car is towed from a space with no sign, or a sign that is unreadable or was never displayed.
When the person towing demands payment with no announced contractual basis, or refuses to release the car unless you pay something you cannot explain.
When the tow happens while the owner or driver is present and could move the car at once with a simple request.
When a resident's or tenant's car is towed over an administrative disagreement unrelated to parking, such as a late fee.
When the car is damaged in the process. Liability for damage rests on fault and custody as above, with no essential difference from a public tow.

Holding the car for a payment

A towing company or parking operator may refuse to release your car until you pay. The Civil Code recognises an idea of retention that someone with a right connected to the thing may invoke, but holding a car for a long time against a disputed sum is not always accepted, and an urgent-matters judge may consider releasing it on conditions. If your position is that you owe nothing, that does not mean abandoning the car. Act quickly: record the demand, write down your objection, formally notify the other side, and consult a lawyer about an urgent application if necessary. The idea resembles what we explained in Late car instalments in Kuwait: can the finance company take the car?: the party who holds the thing cannot dispose of it as it pleases, and you have legal means of protection.

Shopping centres and safety

The owner of a centre that receives the public must keep its parking areas safe and properly organised. If an injury, theft or damage occurs inside the centre, liability may go beyond the parking question. We covered this in Injury in a shopping centre, shop or restaurant in Kuwait. The same principle applies to towing arrangements: whoever runs a place open to the public must organise parking in a way that does not take people by surprise or expose them to harm.

Parking in front of homes and blocked driveways

A frequent situation is a neighbour or visitor blocking your driveway, leaving you unsure whether to call the traffic police or act yourself. Do not try to lift the car, break its locks or chain it in: you could turn from complainant into a person answerable for damage. The safer course is to report to the traffic authority and photograph the blockage. We explained the rights of homeowners and the limits of pavement and parking in Encroachment on parking and pavements in front of your home in Kuwait.

Principles settled in case law, and a methodological note

Below are general principles that the Kuwaiti Court of Cassation has settled in areas close to this subject. They are drawn in general terms for educational purposes and do not refer to any specific judgment.

The Court of Cassation has settled that fault is an element of tortious liability, that the injured party must prove fault, damage and the causal link between them, and that whether fault is established is for the trial court so long as its reasoning is sound.
It has settled that assessing compensation is for the trial court, provided it states the elements of damage included in the calculation, and that no review lies if the assessment rests on sound reasons.
It has settled that failure to look after a thing held in custody engages the liability of the custodian unless an outside cause for which the custodian is not responsible is proved.
It has settled that an administrative decision issued by a public body under its powers is subject to judicial review of its legality, and that the person affected may seek its annulment and compensation for the resulting damage if the elements of liability are met.
It has settled that the injured party's own contributory fault may reduce compensation in proportion to their contribution to the damage.

Methodological note: the principles above are stated generally and are not attributed to particular rulings. Their application to your incident depends on its facts, your documents and any later developments in case law. They are no substitute for examining your file and reading the papers you hold. Some questions, such as the limits of the right of retention and the effect of wrongful parking on the liability of the party that tows, are matters on which assessment rests with the judge according to the circumstances of each case.

Practical steps and documents

Action plan from the moment you discover the tow

Photograph the spot where your car was: signs, markings on the ground, surrounding cars, any paper left behind.
Identify the body that took the car and ask where the yard is and when cars may be collected.
Gather the documents listed above and bring copies.
Ask for the recorded action against your car and the reason for the tow in writing.
Inspect the car before collecting it, photograph it and note your remarks.
Record your objection in writing if you contest the violation or the charges, and pay what is needed to collect the car under reservation.
Notify your insurer if you hold comprehensive cover and the car is damaged.
Keep every paper: payment receipts, copies of reports, report numbers, names of staff.
Assess the damage with a technical report, then send the responsible party a written notice before going to court.
Seek legal advice if damage is proved, if release is refused, or if no understanding can be reached.

Checklist of documents for the file

Copies of the civil ID, vehicle registration and driving licence.
The authorisation, power of attorney or rental contract, as the case requires.
The violation notice and payment receipts.
Before and after photographs with their time data.
The handover record or your written reservation.
The workshop or loss assessor's report and repair invoices.
The insurance policy and correspondence with the insurer.
The notice sent to the responsible party and proof it was received.

Possible claims

Depending on your position you may pursue one of several routes: an administrative grievance against the violation or decision; an annulment action before the Administrative Circuit if the decision is administrative; a compensation claim in the civil courts against whoever caused the damage; or an urgent application for delivery of the car if a body refuses to release it without basis. Choosing the route and its timing depends on the facts, and this is where a lawyer's help is valuable before time limits are lost.

Three hypothetical cases

Case one: parking outside a restaurant on a commercial street

Khalid parked briefly outside a restaurant on a busy street. He came out and found the car gone. The guard told him a tow truck had lifted it. At the yard he found the violation recorded but noticed that the front bumper had a fresh scrape. Before collecting, he photographed the car and asked the officer to record his remark. The clerk refused to write anything. Khalid wrote his reservation by hand on the handover paper, signed it and photographed it, then obtained a workshop report and sent a notice of damage to the body concerned. Expected outcome: the violation stands, because a restaurant does not displace the prohibition, but the damage is claimable because he documented the condition of the car at handover and gave prompt notice.

Case two: a tow from a residential building's parking

Muna lives in a building with spaces reserved for residents. A friend visiting her parked in a reserved space. There was no sign on the space. The same day a private company towed the car and demanded a sum to release it. The friend objected in writing, paid to collect the car under written reservation, then wrote to the building management asking for the basis of the tow and the announced conditions. Expected outcome: authority to tow from a private space is contractual. If there was no sign and no announced condition, her objection is well founded and she may claim a refund of what she paid. If the conditions were announced and clear, her position is weaker.

Case three: a rented car is towed

Salem rented a car for a week, parked it where parking was prohibited, and it was towed. The yard asked for proof of ownership and all he had was the rental contract. The solution was to obtain an authorisation from the rental company and to notify it at once, because the violation is recorded against the vehicle and then passed on to the renter according to the contract. If damage appears at collection, he should document it himself and tell the company before returning the car, so he is not charged for harm he did not cause. We explained the relationship between renter and rental company in An accident in a rented car in Kuwait: who pays for repairs, the excess and violations? Expected outcome: Salem bears the violation according to his contract and returns the car in the condition he received it, and his claim for damage caused by the tow is directed at whoever is responsible for it.

Quick comparison of the different situations

A tow from a public road on the traffic authority's order: an enforcement power; objection is administrative then judicial; compensation for damage lies against the party who caused it or had custody.
Removal from public or abandoned land: a different removal procedure, usually preceded by a warning, governed by State Property rules and related decisions.
A tow from a shopping-centre car park: contractual or ownership-based authority; clarity of signs and terms is what counts; the dispute is civil.
A tow from a residential building's parking: tied to the building's rules and tenancy terms; the dispute is civil; no party may use force or damage property.
Repossession by a finance company over instalments: an entirely different matter governed by the contract and the creditor's rights, not parking rules.
Licence withdrawal and vehicle detention for a serious violation: a punitive or precautionary measure tied to the violation, covered in its own article.
Collecting under reservation versus a clean acceptance: the first preserves your right to compensation; the second may be read as acceptance of the car's condition.

Frequently asked questions

Can anyone with a tow truck remove my car if it is wrongly parked?

No. A tow on a public road belongs only to someone with official standing or lawful assignment. In private parking the power rests on ownership or contract, and the terms must be clear. A person who tows your car with no standing and no basis may be answerable for the act.

My car has disappeared and I do not know whether it was towed or stolen. What should I do?

First look for a sign or notice at the spot, ask guards and nearby shops, and check with the traffic authority and the official electronic services. If you find no trace of a tow, report a possible theft immediately. Early reporting is better than delay.

Can I collect my car if it is registered in someone else's name?

With proper authority, generally yes: a power of attorney or authorisation from the owner with a copy of the owner's ID, or the rental contract plus the rental company's authorisation for a rented car. Bodies differ on the form of authorisation they accept, so ask before you go.

Must I pay the amount demanded before collecting, even if I am objecting?

The body or yard will usually require payment to release the car. The safer course is to pay if collection depends on it, while recording your objection in writing and reserving your right to a refund. If you think the demand has no basis, take advice about an urgent application.

I found a scratch that was not there before. Do I accept the car or refuse?

Accept it after documenting the damage. Refusing may expose you to extra charges or sharpen the dispute. Photograph it, ask for the damage to be recorded, and if they refuse, write your reservation on the handover paper. Then write to the responsible party and assess the damage with a technical report.

Who bears damage to the car during the tow?

Whoever caused it through fault or negligence, and whoever had the car in custody when it happened. That may be the party that lifted the car, the one that held it, or the body that ordered the tow, depending on the facts and the evidence. Identifying the responsible party is ultimately for the judge.

Does my wrongful parking reduce my right to compensation?

Wrongful parking does not permit anyone to damage your car. You may be found partly at fault if your parking contributed to the harm in the particular incident, which would reduce compensation in proportion to your contribution, but usually would not remove it. The assessment belongs to the judge.

Items went missing from my car while it was held. Can I claim?

Yes, if you can prove they were in the car, that they disappeared while it was in someone else's custody, and what they were worth. Record the loss immediately at collection, keep invoices and photographs, and use witnesses if needed. Missing items are harder to prove than a scratch, so the earlier your documentation, the stronger your position.

Can a mall tow my car because it stayed too long?

It can if the conditions were announced in advance and are clear, such as signs, the ticket or entry instructions, and the tow is carried out by a party contracted by the owner of the parking. If no conditions were announced, your objection is sound, and the centre also owes duties of safety in its car parks.

Can I claim a replacement car while mine is held or being repaired?

Compensation may include loss of use depending on the circumstances if you prove it as a direct harm, but it is not automatic. Show your real need for the car and what you spent on a substitute, and the judge will assess what is due.

Can I recover what I paid if the tow turns out to be wrongful?

Yes, if what you paid was not due. Recovery of what was paid without being owed is a recognised rule of civil law, but you must prove that you paid and that payment was not required. That is why you should keep receipts and record your reservation at the time of payment.

What is the insurer's role when the car is damaged during a tow?

If your insurance is comprehensive, it may cover the damage according to its terms, and the insurer then pursues the party responsible. Third-party insurance does not cover your own car. Check your policy and ask about cover for damage in transit and in custody.

Should I hire a lawyer for these incidents?

For a simple violation with no damage, perhaps not. If the damage is significant, if a body refuses to release your car, or if liability is disputed, early legal advice preserves evidence and ensures you choose the right route before time limits run out.

Conclusion

A tow looks like a small event, but it opens three separate files: the violation and whether it stands, the tow and whether it was justified and by whom, and the damage and whether it can be compensated. Mixing the three is the biggest cause of lost rights. A driver who objects to the ticket but neglects to document the damage loses the second claim, and one who focuses on the damage but misses the objection deadlines loses the first.

The practical rule we hope you take away: document before you act, reserve before you sign, and know whom you are claiming against before you claim. A photograph taken on your phone at collection and one sentence written on the handover paper are worth more than hours of arguing later.

Better still, avoid the problem. Watch for signs, do not park where you obstruct others even for a few minutes, photograph your spot in crowded places, and keep an authorisation ready if the car is registered in someone else's name. For related topics, see our articles on traffic violations and on licence withdrawal and vehicle detention.

Legal notice

This article is general legal information and is not legal advice on any particular situation. Rules and procedures vary with the facts, the competent body and the regulatory decisions in force when the incident occurred, and traffic and administrative decisions may change. You should have a qualified lawyer review your documents before taking any step.

If you are dealing with a car that was towed or impounded, or damage to it, the team at Yumnaak Law Firm will be glad to study your file. You can contact us or book an appointment at our office.

Towed for Parking in Kuwait: Your Rights to Recover the Car, Object and Claim for Damage