Ever gone back to your car only to find that there’s an empty space where it used to be? It could have been stolen, but it also could have been towed. Per License Plate Lookup, an estimated 55,000 vehicles are towed every day in America.
Naturally, you’re wondering what your legal rights are regarding towing and whether you can do anything to stop it without getting in further trouble. If you believe your vehicle was wrongfully towed or damaged in the process, an Austin personal injury lawyer can help protect your rights and potentially recover compensation. Today’s guide discusses the laws surrounding vehicle towing and the rights of drivers.
Key Takeaways
- Under certain circumstances, towing a vehicle is a legitimate and legal action on public and private property.
- Drivers may be able to prevent their vehicles from being towed if the car hasn’t been hooked up or the tow driver has yet to depart by paying a drop fee.
- It’s illegal to obstruct, abuse, or otherwise attempt to intervene in a legal tow. Doing so could result in arrest and criminal charges.
- Every state has the authority to set its own towing regulations and fines. Likewise, municipalities often have separate towing laws.
- The best legal strategy to avoid your vehicle being towed is to know your local laws, check for illegal tows, and contact a lawyer if you believe the towing company or property owner has violated the law.
- If your vehicle has been towed after an accident, your insurance may cover the towing costs if you have additional coverage. You can claim all associated costs for accidents where the other driver was at fault through their insurer.
- Speak to an attorney if you believe you’ve been the victim of predatory or illegal towing and assess your options.
Can I Stop My Car from Getting Towed?
In some cases, you may be able to prevent your car from being towed. If the towing procedure has yet to begin, you may have the legal right to reclaim and move your vehicle. If the towing procedure has already started, you may be able to pay a “drop fee” for it to be unhooked.
States and cities have laws to protect towing companies from being obstructed or abused during their duties. This includes:
- Removing the car from the parking space while it’s being hooked up to the rear bumper.
- Physically blocking the truck or driving.
- Threatening the tow operator
- Tampering with your car while it’s on the truck, such as messing with the parking brake.
Punishments depend on the extent of the offense, but you could incur fines and even jail time. For example, according to the website of the City of Charlotte, anyone in Charlotte, North Carolina, who interferes with a tow truck operator could be charged with a misdemeanor per the North Carolina General Statute 14-4.
Remember, most tow truck drivers are just trying to do their jobs!
Is it Legal to Sit in a Car That’s Being Towed?
In most states, sitting in a car while it’s being towed is illegal. Riding in a towed vehicle is extremely dangerous and may result in injury, meaning a towing company won’t take off while you’re sitting in the car. According to the National Highway Transport Safety Administration (NHTSA), more than 17,000 people have been killed by towing vehicles from 1975 to 2013.
Each state is different, but many states have special laws about riding in the backs of towed vehicles. For example, the Illinois Vehicle Code now has a specific law in place stating that you can’t sit in the back of a towed vehicle on a public highway.
In contrast, the Missouri Department of Transportation only requires front-seat passengers to wear a safety belt, meaning anyone over 18 can technically sit in a towed vehicle. However, that doesn’t mean it will be permitted.
And before you start thinking that sitting in your car is the most straightforward way of preventing you from being towed, think again. In nearly all circumstances, this would be considered obstruction, and the towing company can call the police.
Can a Tow Company Legally Keep Your Car?
Towing companies cannot legally hold your vehicle indefinitely. Local laws will only allow a towing company to keep your car for a pre-determined period. Legal justification is required for any company to keep your vehicle for longer.
The legal justification behind this is that your car is acting as collateral for the labor of removing your vehicle from where it shouldn’t have been parked. In other words, since you have an outstanding debt, they’re entitled to keep your vehicle until it’s paid off. However, all states have rules on how quickly a towing company may dispose of your vehicle.
For example, the Government of New York City states that towed vehicles may be auctioned off in as little as ten days after the tow if the car remains unclaimed within 72 hours.
However, that doesn’t mean the company can keep the personal belongings in your vehicle. According to Indiana law, towing companies must make every effort to contact drivers and provide every opportunity for them to collect their belongings.
What is the Definition of Towing, Legally?
Towing is the process of a tow truck company or operator removing a vehicle and transporting it to a special impound lot. Cars may be towed for any number of reasons, including being illegally parked or because the driver has outstanding loan payments on the vehicle.
Suppose a lender is reclaiming the vehicle due to unpaid debts. In that case, the lender is officially taking back possession of the vehicle because they still hold the title to the vehicle, and you’ve violated the loan agreement. Technically speaking, this isn’t towing but repossession.
In contrast, the legal definition of towing usually refers to a private property owner or government agency moving a car parked in a place it shouldn’t be. In this scenario, the ownership of your vehicle doesn’t change.
Understanding the Basics of Towing Regulations
Towing regulations are set by states and individual municipalities, not at the federal level. States are entitled to regulate fair towing and storage fees, ensure towing companies play fair, and specify in what scenarios nonconsenting towing may be used.
For example, many states set requirements on the signage that property owners must display to legally tow a vehicle, including the contact information of the towing company. Likewise, states also have regulations on how soon a vehicle’s owner must be notified that it has been towed and where it is.
Some states have even gone one step further and introduced provisions about how far vehicles can be towed. These rules prevent towing companies from imposing excessive charges.
All drivers should familiarize themselves with the basics of towing in their state to ensure that their legal rights are protected and they know what happens next and what they can do about it.
What Constitutes Legal Towing?
Towing companies must adhere to the law when towing, or they could face legal consequences, including lawsuits from the drivers themselves. What constitutes a legal tow largely depends on the state and the type of tow.
For example, Florida state law requires that towing companies photograph a vehicle before they can legally tow it. In California, private properties must post warning signs at every entrance to make any towing activities legal.
In other words, what counts as a legal tow largely depends on where you live.
Types of Towing: Public vs. Private Property
Towing doesn’t look the same in every situation. Public and private property tows have their own regulations determining whether moving someone’s vehicle without authorization is legal.
A public property tow is handled by law enforcement as the stewards of public property. All officers must clearly document why they’ve towed a vehicle. Additionally, some locations may mandate that officers post notice before moving a vehicle.
Examples of when towing is legal on public property include:
- Illegal parking
- Abandoned vehicles
- The driver has been arrested
- Expired registration
- Unpaid parking tickets
- Public safety risk
Private property tows involve the owner of a private property having a vehicle removed when it’s illegally parked on their property. Beware that private property owners must obey stringent regulations to make their tows legal.
As well as being parked without permission, the property must have suitable lighting, signage, and visibility. Some jurisdictions may also require the property owner to be present to sign a form before a vehicle can be towed.
Note that towing companies are also required to report the tow to the local police within a set time.
Towing Costs Broken Down By State
| State | Max Towing Fee | Max Storage Fee |
|---|---|---|
| Alabama | Varies | Varies |
| Alaska | Varies | Varies |
| Arizona | Varies | Varies |
| Arkansas | Varies | Varies |
| California | $300+ | $25–$80/day |
| Colorado | $160–$200 | $30–$50/day |
| Connecticut | $105–$145 | $20–$35/day |
| Delaware | Varies | Varies |
| Florida | Varies by County | Varies by County |
| Georgia | $125–$185 | $20–$35/day |
| Hawaii | Varies | Varies |
| Idaho | $125–$165 | $20–$30/day |
| Illinois | $125–$200 | $25–$40/day |
| Indiana | $135–$185 | $25–$35/day |
| Iowa | $100–$150 | $20–$30/day |
| Kansas | $125–$175 | $25–$35/day |
| Kentucky | $115–$160 | $20–$30/day |
| Louisiana | $120–$175 | $25–$40/day |
| Maine | $100–$150 | $20–$30/day |
| Maryland | $110–$180 | $25–$40/day |
| Massachusetts | $135–$200 | $25–$35/day |
| Michigan | $135–$185 | $25–$40/day |
| Minnesota | $110–$165 | $20–$35/day |
| Mississippi | $115–$165 | $25–$35/day |
| Missouri | $125–$185 | $25–$40/day |
| Montana | $130–$175 | $25–$35/day |
| Nebraska | $130–$180 | $25–$40/day |
| Nevada | $110–$160 | $20–$30/day |
| New Hampshire | $175 | $50/day |
| New Jersey | Varies | Max $750 |
| New Mexico | Reasonable | No charge <24h |
| New York | Varies | $30–$50/day |
| North Carolina | $125–$185 | $25–$35/day |
| North Dakota | $130–$165 | $20–$30/day |
| Ohio | Regulated by PUCO | $17/day |
| Oklahoma | $125–$165 | $25–$35/day |
| Oregon | $110–$160 | $25–$40/day |
| Pennsylvania | $125–$185 | $30–$50/day |
| Rhode Island | $120–$165 | $20–$35/day |
| South Carolina | $125–$180 | $25–$35/day |
| South Dakota | $130–$170 | $25–$35/day |
| Tennessee | $135–$190 | $20–$35/day |
| Texas | $272 (≤10k lbs) | $20–$35/day |
| Utah | $110–$160 | $20–$35/day |
| Vermont | Regulated by PUC | Regulated by PUC |
| Virginia | $135–$180 | $25–$40/day |
| Washington | $140–$200 | $25–$40/day |
| West Virginia | $125–$165 | $20–$35/day |
| Wisconsin | $120–$170 | $25–$35/day |
| Wyoming | $120–$165 | $20–$30/day |
Legal Strategies to Prevent Your Car from Being Towed
The best legal strategy for preventing your vehicle from being towed is to avoid parking it in a place where it’s eligible to be towed in the first place. The problem with being towed is that there’s little in the way of immediate legal recourse.
Your primary legal strategy is taking advantage of your state’s regulations, which allow you to stop the tow before your vehicle leaves the premises. However, you might have to get your wallet out to pay a “drop fee” if it’s already been hooked up to cover the tow driver’s labor costs.
The next step is to examine whether the property in question has obeyed the regulations on legal towing. For example, if you can’t see signs clearly stating that you’re in an unauthorized space, you could file a lawsuit against the property owner.
However, if you can’t see clear evidence that the tow is illegal, your legal options are few. If you do believe you have a case, get in contact with an experienced personal injury lawyer to discuss your next steps.
Immediate Actions to Take if Towing is Imminent
Stay calm if you’ve returned to your vehicle and it’s about to be towed. Your options will depend on local laws and how far into the towing process the driver is.
If the driver has only just arrived and hasn’t touched your vehicle, you should be able to move your vehicle without any problems. If it’s partially or fully hooked up, some states will allow you to get your car released for a drop fee.
For example, Georgia and Florida permit drivers to pay a drop fee on the spot to have the driver unhook their vehicle. Drop fees typically vary from as low as $50 to as much as $200.
Understand that if your vehicle has been hooked up to the truck, touching your vehicle, or the tow truck could count as obstruction, which could be considered interference. In these cases, the driver may call the police, and you could be charged with a misdemeanor.
If the truck is already moving away with your vehicle, it’s illegal to block or chase the truck. Let it go and call the non-emergency line for the police to verify that the tow was legal.
Understanding Tow Notices and Your Response Options
Tow notices and how you respond depend on whether it’s a public or private tow. A vehicle towed off public property may not come with an advanced warning if your car was blocking traffic or parked illegally. Instead, you’ll get a notice mailed to you, or you’ll be required to contact your local impound parking lot.
Private property tows may also not provide notice if you live in certain states, such as Nevada or Texas. However, other states do require a notice. Like many things, exceptions may apply.
For example, if your vehicle is towed from an apartment complex, your lease might act as permission to tow your vehicle.
Regarding response options, we recommend the following three steps:
- Document everything, including signage, the tow truck, and where you are.
- Ask for an itemized invoice so that you can analyze all charges.
- Dispute any charges if you believe the tow violated state or local laws.
Working With Local Law Enforcement
Law enforcement plays a role in both public and private tows. If it’s a public tow, the police will have called for the tow themselves. If it’s a private tow, local law enforcement usually needs to be informed within 30-60 minutes that a vehicle has been towed.
Understand that you can’t call the police to stop a private tow unless it’s an illegal one. For example, you could call law enforcement if there's no signage or the towing company has imposed excessive charges.
Drivers can also call law enforcement to verify that their vehicle has been towed instead of stolen. If the police don’t have any evidence of a tow on record, the police may intervene against the towing company.
Moreover, if the towing company didn’t follow the law, you could be entitled to file a lawsuit and obtain damages through a lawyer.
How Local Laws Impact Your Rights
Understanding towing regulations is challenging because every state and municipality can set different rules. No oversight at the federal level exists, so what applies to Texas won’t necessarily apply to neighboring Oklahoma.
For example, the California Vehicle Code requires that drivers receive a one-hour grace period and that private property owners post visible signs at all entrances. Missing signage means towing your car is illegal.
Texas operates similar laws, with tow zones requiring clear markings. Likewise, you’re entitled to demand a drop fee – regulated by law – if your car has been hooked up but hasn’t been moved.
Over in Florida, all tows on private property must be reported to law enforcement within 30 minutes. If it isn’t reported in time, the driver has grounds to lodge an official complaint and may even be able to take legal action.
These examples demonstrate the little quirks that influence towing laws and your legal rights.
Recognizing Legitimate Grounds for Towing
Drivers should take the time to understand towing laws where they live to determine whether their car was justified in being towed and whether it was conducted legally. Many drivers don’t, so they often fall victim to illegal towing without ever realizing it.
The first step is understanding that public and private towing are two different things, which is why they’ve got different rules. Public towing is handled by law enforcement, whereas private property owners manage private towing.
Common Reasons for Towing in Public Spaces
Towing in public spaces can happen for any number of reasons, including your vehicle being classified as abandoned, you’ve parked illegally, it’s causing a traffic hazard, or there are outstanding violations against your vehicle.
Here are some insights into each reason:
- Illegal Parking – Your car may be towed for a parking offense, such as you’ve parked in a handicap zone without a permit, you’re blocking a fire hydrant, or you’re double-parked.
- Abandoned Vehicles – Many cities tow vehicles that have been parked for too long, indicating that they’ve been abandoned. For example, Phoenix, Arizona, has laws that classify vehicles parked for more than 72 hours in public as being abandoned. Your vehicle might also be categorized as abandoned if it has an expired registration, missing plates, or doesn’t look operational.
- Outstanding Violations – Some cities will also tow your vehicle if you’ve got unpaid parking tickets or your registration has been suspended. For example, Washington D.C. has a law that allows vehicles to be towed from public places if the driver has two or more unpaid parking tickets.
- Traffic Hazards – Law enforcement might intervene if you’ve parked your car in a way that jeopardizes public safety. Examples might include blocking traffic, impeding construction crews, or officers having taped off an active crime scene.
Private Property Towing: When is it Justified?
Towing a vehicle from private property is perfectly legal if the owner follows local laws. Despite being private property, owners don’t have a free hand to tow any vehicle that happens to be parked there. Typically, unauthorized parking, parking in restricted spots, and blocking access are valid reasons for ordering a private tow.
- Unauthorized Parking – You’ve parked your vehicle without permission. Some states may require that you wait a minimum period before you can tow a vehicle. However, states like California permit immediate towing if you aren’t a resident or customer, per the California Vehicle Code Section 226.58.
- Parking in Restricted Spots – Similar to illegal parking, your vehicle can be towed if you’ve parked your car in a special spot, such as a loading zone, reserved parking spot, or handicapped spot.
- Blocking Access – Vehicles may be towed without notice if they pose an immediate barrier to accessing a facility or if there’s a safety risk, such as by parking in a fire lane.
Private property owners must obey the signage requirements in their state to make a tow legal. These requirements may include minimum sign sizes, lighting, and permanent mountings. Certain language and information may also be required to make a sign valid, such as displaying the towing company's name.
Steps to Take After Your Vehicle Has Been Towed
After your vehicle has been towed, you’ll receive a sticker, receipt, or letter detailing the tow, including why it was towed, where it is now, and the cost to get it out of the impound lot.
Your next step is to determine whether the tow was legal. Look around you for signage (or lack thereof). Take pictures if there’s no immediate signage in the vicinity, or the signage doesn’t meet the legal requirements.
You still have rights. For example, Texas law gives you the following rights:
- The right to know where your vehicle has been towed to.
- The right to retrieve personal property and ownership documents without paying a fee.
- The right to claim your vehicle within one hour (except lots that aren’t open 24/7).
- The right to request a tow hearing if you believe your car was towed illegally.
Generally, you’ll want to call a lawyer if you believe your vehicle has been towed illegally. They’ll be able to file a lawsuit and obtain damages from the towing company and possibly even the landowner.
How to Retrieve Your Car from Impound
Locate the impound lot by looking for signs around your vehicle or calling the police’s non-emergency line. They’ll be able to tell you where the impound lot is.
Next, follow these steps:
- Bring your driver’s license, registration, and proof of insurance.
- Complete a vehicle release form at the impound lot if required.
- Pay outstanding fees. Note that many impound lots don’t accept credit cards.
- Drive your vehicle away.
It’s that simple. Many of the larger impound lots are open 24/7, so you might even be able to reclaim your vehicle within an hour or two.
Understanding Fees and Payment Options
Fees for getting your vehicle back vary based on where you live. Typically, a base fee for removing your car from a tow-away zone starts at $100 and can go as high as $300. You may also be required to pay daily storage fees, ranging from $20 to $50 daily.
Some lots may also be entitled to charge extra administrative or release fees. Note that the towing company may impose these, but they can also be imposed by your municipality.
Payment options are often cash or cashier’s check only. Even today, many impound lots don’t have the facilities for accepting card payments, so either confirm payment options over the phone or bring cash just in case.
Legal Rights and Responsibilities When Your Car is Towed After an Accident
Your vehicle may also be towed after an accident to get it off the road and prevent traffic from being blocked. If your car is towed due to an accident, the situation differs. Here’s everything you must know about accident-related tows.
Do Police Have the Right to Tow Your Car After a Crash?
The police may tow your vehicle after an accident for various reasons. Firstly, if your vehicle is blocking traffic and creating a hazard, it may be towed. This usually occurs when the vehicle has been rendered inoperable due to damage.
Your vehicle might also be towed because you’ve been arrested, or your injuries have meant you were taken to hospital after the accident. However, even if you’re okay, the police might still tow your car if it’s part of an investigation, such as if the vehicle is stolen or you’re under the influence of drugs or alcohol.
The police must inventory the vehicle's contents and report where it’s been towed. You’ve got the right to access this information.
How Fault Affects Towing Liability and Costs
Liability can impact who pays the towing costs. If you’re not at fault, this cost can be claimed against the at-fault driver’s insurance as part of your claim. However, since insurance claims take time, you’ll usually have to pay upfront to get your vehicle back.
On the other hand, if you’re at fault, it depends on what coverage you have. If you’ve got extra coverage, such as collision coverage, your insurance will usually cover your costs. But you’ll be liable for all towing-related costs if you've only got liability insurance.
Can You Challenge a Tow If You’re Not at Fault?
All drivers have the legal right to challenge a tow if they aren’t at fault. Towing disputes put the burden of proof upon you, so you must prove that your car was towed illegally, such as if there was no proper signage in place or you were legally parked.
In this case, gather evidence and keep all documentation to support your complaint. Depending on the nature of the complaint (public vs. private), it may be filed against the police department, towing company, or your local government.
Does Insurance Cover Towing Fees After an Accident?
Your insurance may cover towing fees after an accident, depending on the type of coverage you’ve got. If you’ve got collision or roadside assistance coverage, you’ll be covered in both accident and non-accident scenarios.
If another driver was the reason behind your car being towed, you can claim back all costs against their auto insurer.
What to Do If Your Car is Towed While You’re Hospitalized?
Getting taken to hospital might mean your vehicle has to be towed. If you’re incapacitated, you might need to rely on a close family member or friend to contact the tow company or local police force on your behalf.
Find out where your car is impounded and get an invoice for all related costs. You can also request the release of personal items and important documents inside the vehicle. Furthermore, you should be able to get someone else to get your car out of impoundment on your behalf if you cannot.
How to Retrieve Your Personal Belongings from a Towed Vehicle
Towing companies must allow you to retrieve your personal belongings from your vehicle without charge. It’s illegal for towing companies in every state to hold your personal belongings for ransom if you can’t pay to get your vehicle out of impoundment straightaway.
Retrieve your belongings from the towing company by telling them and then going to the impound lot. They can’t obstruct you from retrieving non-installed items inside your vehicle.
Identifying and Avoiding Predatory Towing Practices
Predatory towing is a common practice, especially when it comes to billing. According to a U.S. Department of Transportation study, 29.8% of crash-related tows involved predatory billing. The reason it’s so rampant is that most people aren’t aware of what predatory towing looks like.
Here are some warning signs of predatory towing:
- No clear tow warnings
- Excessive fees
- Surprise charges
- Immediate towing
- Towed to a distant lot
The best way to avoid these issues – other than familiarizing yourself with the laws in your state – is to ask for copies of an itemized bill and their tow authorization. Take photos of the towing location and where you were parked.
If you’ve been the victim of predatory towing, contact a lawyer and let them handle your claim, including filing complaints with the relevant authorities.
What Are Your Legal Options for Wrongful Towing?
Don’t take wrongful towing lying down. You’ve got legal options available. Simply put, every driver has the right to dispute the charges and request a tow hearing if your city offers one. These channels can usually resolve the situation without complicated court cases.
If you can’t get a proper resolution through these channels, get in touch with a lawyer. Any tow that leads to loss or injury can be contested via a lawsuit.
When to Involve a Personal Injury Lawyer for Towing Disputes
Hiring a lawyer might be necessary if you can’t deal with a towing dispute yourself. You may benefit from hiring a lawyer if your legal rights were violated and the towing company and/or city refuse to budge.
Likewise, suppose you suffered significant losses, such as storage delays, excessive charges, or the improper sale of your vehicle while you were in the hospital. In that case, it’s always worth hiring an attorney to deal with it.
At DJC Law, we support ordinary Americans in fighting back against predatory and improper towing practices. With more than $400 million in settlement money won, we’re the premier Austin law firm. To get your free case consultation, contact us now.
