Industry Tips
Tow Companies
Towing Companies - Automobile
Having your vehicle towed will generally happen because of one of the two following circumstances: you called to have your car towed, or you were towed by a company without your consent.
Consensual Towing
Consensual towing is where the person who owns or is driving the vehicle initiates the tow. Perhaps your vehicle broke down, is unsafe to drive, or you were in a minor accident. You decide when your vehicle is towed, where it is taken, and by whom.
Many drivers possess some form of roadside assistance, either through their insurance, cell phone plan, membership in an auto club, or as a temporary perk of purchasing a new car. Whatever it is, have the information readily available so you can get it when you need it. Know the terms and conditions. Often these plans will save you money if you’re forced to tow your car, but it always a good idea to do your research in advance. Check out the company offering the plan with your BBB, as well as the tow company they have contracted to provide you with the actual service.
If you don’t have a roadside assistance plan you can still do some planning in advance. Ask your BBB for a list of BBB accredited towing companies. Know who you will call if you need them. Also know where you will ask them to take your car. The shorter the distance the better, but if you want it towed to a mechanic, check them out in advance as well. Doing your research saves you from having to make a snap decision without any information on who you’re hiring.
Non-Consensual Towing
The best way to deal with non-consensual towing is to avoid it in the first place. Think about whether your car is likely to be towed before leaving it. Check for signs warning drivers to possess special permits, pay a fee to use a parking space, or keep an area clear during certain times. And never park in a red zone or near a fire hydrant. With a little forethought you can almost always figure out if your car is at risk of being towed.
If you catch your car about to be towed from private property you may ask the tow operator to stop, or even to release your car, if they have not yet left the property. If the tow operator refuses to release your car you should NOT stand in his/her way, or otherwise interfere physically with the tow. You may take a picture, if you can do so safely, and you may call the police to assist you, but please dial the non-emergency number. The towing company may still be entitled to charge you, but not before releasing your vehicle. The bill will come later.
The first thing to do if you find your car missing is look around for a sign warning of the possibility of a tow. These signs will usually display a number you can call for information. If no such number is displayed call the non-emergency number for the local police, CHP, or Sherriff’s department. They will be able to help you determine if your car was towed, or if it may have been stolen.
Once your car has been towed contact the towing company as soon as possible and ask for the Towing Fees and Access Notice. The towing company is required to give this to you, and it will specify your rights and its fee structure.
The fees set by a towing company for public tow and storage are generally established by a contract between the company and the law enforcement agency which authorized the tow. These fees are required to be posted at the tow facility, but you may always contact the law enforcement agency to verify them.
Rates for tows and storage resulting from private property tows must not exceed the approved rates for the law enforcement agency having primary jurisdiction over the property from which the vehicle was towed, or the towing company’s approved CHP rate. For questions on the rate contact law enforcement.
In addition to limits on the fees a towing company can charge, there are other rights a vehicle owner retains. As specified by California Vehicle Code Section 22651.07, they are: Receive an itemized invoice of actual charges, receive your personal property, at no charge, during normal business hours, retrieve your vehicle during the first 72 hours of storage and not pay a lien fee, request a copy of the Towing Fees and Access Notice, pay by cash or valid bank credit card, and inspect your vehicle or have your insurance carrier inspect your vehicle at the storage facility, at no charge, during normal business hours.
You also have the right to have the vehicle released to you upon (1) payment of all towing and storage related fees, (2) presentation of a valid photo identification, (3) presentation of reliable documentation showing that you are the owner of the vehicle or that the owner has authorized you to take possession of the vehicle, and (4), if applicable, presentation of any required police or law enforcement release documents.
Be advised that the tow company can charge you storage fees, so the longer they have your car the more expensive it may be. It also has the right to sell your vehicle if you do not pay towing and storage fees. Any moneys received will be applied to towing and storage fees accumulated against your vehicle, but you are still responsible for paying any outstanding balance.
If your vehicle is damaged during towing or storage you may recover for any damage to the vehicle resulting from any intentional or negligent act of a person causing the removal, or removing, the vehicle.
A lawsuit may be brought in court, generally small claims court, if you are unsatisfied with the tow company’s conduct. If a violation can be proven the tower may be civilly liable for damages up to two times the amount charged, not to exceed $500, and possibly more for certain violations.
Please contact a small claims court advisor at (858) 634-1900 with any legal questions, or local law enforcement or your BBB with any general questions.