How to dispute a tow or impound fee

Disputing an unfair tow or impound fee requires understanding local laws, gathering evidence, and acting quickly. Consumers have rights to challenge illegal or excessive charges.

Step-by-step playbook

  1. Document the scene — Immediately take photos of where your car was parked, any signage (or lack thereof), and the surrounding area. Note the date, time, and specific location [S8].
  2. Gather all tow documents — Keep all tow notices, receipts, detailed invoices, and any communications with the towing company and property owner [S9].
  3. Research local laws — Check your city, county, or state towing regulations regarding signage, maximum fees, and authorization requirements [S1, S2].
  4. Contact the towing company — Demand an itemized bill. Clearly state your dispute and request a written explanation for charges. Do not pay fees you believe are illegal immediately if you can avoid it, but be aware that storage fees accrue [S5, S6].
  5. File a formal complaint — Lodge complaints with your state's Attorney General, local consumer protection agencies, or the police department if the tow was illegal [S1, S12].
  6. Attend an administrative hearing or file in small claims court — If available, participate in a local administrative hearing to dispute the charges. Alternatively, file a claim in small claims court to recover wrongful fees [S13, S14].

Your rights

Who to contact

Your rights

Your rights regarding vehicle towing and impoundment are primarily governed by state and local laws, which can vary significantly [S1, S2]. Generally, a tow must be authorized, either by law enforcement or a property owner under specific conditions [S3]. For example, in many jurisdictions, property owners must post clear signage informing drivers of towing policies, including who can tow and the conditions under which a vehicle will be towed [S4].

You have the right to get your vehicle back once certain conditions are met, such as paying the fees, but you also have the right to challenge fees you believe are unlawful or excessive [S5]. Towing companies are often required to provide an itemized invoice of all charges. Some states limit the maximum fees towing companies can charge and may require a period of free storage before charges begin [S6]. If your vehicle was illegally towed, you might be entitled to recover the towing and storage fees, and potentially other damages [S7].

How to dispute

1. Gather documentation immediately: As soon as you discover your vehicle has been towed, document everything. Take photos of the location where your car was parked (especially signage, or lack thereof), the surrounding area, and any parking permits or tags you had [S8]. Keep all receipts, tow notices, and communications with the towing company and property owner [S9].

2. Understand local laws: Towing laws differ by city and state. Check your local Department of Motor Vehicles (DMV) or consumer protection agency websites for specific regulations regarding signage requirements, maximum fees, and dispute procedures in your area [S1, S2]. For instance, in California, written authorization from the property owner is generally required for a private property tow, unless specific exceptions apply [S10].

3. Contact the towing company: Obtain an itemized bill. Review it carefully for any charges that seem excessive or unjustified. State your dispute clearly and request a written explanation for all charges. Some states require towing companies to release your vehicle without payment if the tow was illegal or violates contract terms [S11]. Refusal to release or provide an itemized statement can be a violation itself.

4. File a complaint: If the towing company is uncooperative or you believe the tow was illegal, file a complaint with the appropriate regulatory bodies. This could include your state's Attorney General's office, the Federal Trade Commission (FTC) (for general consumer issues) [S12], your local consumer protection agency, or the police department if it involved an illegal tow [S1].

5. Formal hearing or small claims court: Many jurisdictions offer administrative hearings to dispute tow charges [S13]. If such an option is available and you lose, or if no hearing option exists, you may consider suing the towing company in small claims court to recover your money [S14]. Be prepared to present all your documentation and evidence.

Common traps

Consumers often fall into the trap of paying fees without first documenting the situation or understanding their rights, making subsequent disputes harder [S5]. Another common trap is not checking local signage requirements – inadequate or missing signage is often a key point in a successful dispute [S4]. Some towing companies may also inflate fees or add charges for services not rendered [S6]. Be wary of companies that demand cash-only payments without a proper receipt, as this can be a red flag [S9].

When to escalate

Escalate your dispute if the towing company refuses to provide an itemized bill, insists on unlawful fees, or if local authorities confirm the tow was illegal [S1, S9]. If direct negotiation and complaints to regulatory agencies don't resolve the issue, consider pursuing a formal administrative hearing or filing a small claims lawsuit. Consult with a consumer lawyer for complex cases or if the amounts involved are substantial [S14].

Sources

  1. Towing of Vehicles
  2. Impounded vehicles
  3. Know Your Rights: What To Do If Your Car Is Towed
  4. Nonconsensual Towing from Private Property
  5. How to Get a Towed Car Back
  6. Towing: Know Your Rights
  7. What to Do If Your Car Is Illegally Towed
  8. Vehicle Towing
  9. What To Do If Your Car Is Towed
  10. California Vehicle Code (CVC) § 22658
  11. Towing: Know Your Rights (Consumer Reports)
  12. File a Complaint
  13. New York City Administrative Code § 20-461
  14. Small Claims Court

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