In any civil action brought by a towing and recovery operator to recover allowable costs pursuant to § 46.2-1212.1 or 46.2-1217 or to enforce a lien pursuant to § 46.2-644.03 related to towing and recovery services rendered as a result of a request made by any local or state law-enforcement officer or other government official acting in his official capacity, the towing and recovery operator may include reasonable attorney fees and costs for pursuing such civil action as a part of the damages. Such reasonable attorney fees and costs may be awarded if the court finds that the towing and recovery operator is entitled to any monetary award for the underlying claim.

Terms Used In Virginia Code 46.2-1231.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Towing and recovery operator: means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated. See Virginia Code 46.2-100

2023, c. 198.

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