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Important information

• Additional Info:

  • General Information On Towing Companies In The State
    Of Georgia:
    
    Obtained from Georgia's Department of Law:
    http://consumer.georgia.gov/consumer-topics/towing
    
    If you encounter problems with a towing company,
    you should always contact the towing company first in an effort to resolve the
    issue. If the company's customer service or first-level support people are
    unable to resolve your complaint, you should put your complaint in writing to
    the company's upper management or its owner. After that, if your problem
    remains unresolved, the recourse available to you depends upon two things:
    
    First, who authorized the towing? Either a
    non-owner of the vehicle authorized the towing ("non-consensual"
    towing), or the owner of the vehicle authorized the towing ("consensual"
    towing).
    
    Second, who owns the property from which the
    vehicle was towed? Was the vehicle towed from private property or government
    property?
    Note: Towing caused by vehicle repossession is a
    separate matter. Please see the Federal Trade Commission's "Facts for
    Consumers" article on Vehicle Repossession.
    
    NON-CONSENSUAL TOWING FROM PRIVATE PROPERTY:
    The Georgia Department of Public Safety (DPS)
    enforces O.C.G.A. Section 44-1-13, which regulates non-consensual towing from
    private property. If the towing company tows from private property, it must
    have an agreement with the owner of the property as well as filing with the
    DPS. Please note that this Georgia law does not cover booting, non-consensual
    immobilization of an automobile, or consensual towing; nor does it cover towing
    from government property or towing within a municipality.
    
    What does O.C.G.A. Section 44-1-13 provide?
    
    The owner of private property, or his or her
    authorized agent, has the right to have your motor vehicle removed from that property
    if you parked there without authorization and a notice was posted informing you
    that it may be removed at your expense.
    
    The conspicuously-posted notice also must tell you:
    where you can recover your vehicle;
    
    the cost to recover your vehicle (towing fees and
    storage costs); and
    
    what types of payment are accepted.
    
    How much can a towing company charge?
    
    State law caps the fees that towing companies can
    charge you. The DPS sets these rates, but certain cities may set a lower
    maximum fee than the state standard inside their city limits. If your car was
    towed, please inquire about the ordinances of the city where this took place.
    
    Are towing companies regulated?
    
    Any company wishing to engage in non-consensual
    towing from private property must have a permit from the DPS and pay an annual
    filing fee. Georgia law requires such operators to maintain safety standards,
    carry a minimum amount of insurance coverage and have insurance information on
    file with the DPS. A municipality may strengthen existing Georgia laws or apply
    its own towing regulations within city limits, such as the time of day a
    vehicle may be towed. A list of permitted towing companies can be found on the
    DPS web site.
    
    Where do I file a complaint about a non-consensual
    towing experience?
    
    You should always contact the towing company first
    in an effort to resolve the issue. Violations of the DPS' regulations should be
    reported to the DPS. Violations of a city or county code or ordinance should be
    reported to local law enforcement. Complaints can also be filed through the
    Better Business Bureau at bbb.org.
    
    Requirements for obtaining a non-consensual towing
    permit:
    
    Georgia Law mandates that all towing companies and
    wrecker services engaged in the removal of vehicles from private property without
    the owner's or operator's consent hold a state-issued Non-Consensual Towing
    Permit.
    
    Georgia code grants an exception to this permit
    requirement if the company:
    
    only performs towing with the vehicle owner's or
    operator's consent; or
    
    is an extension of lawful law enforcement activity
    and does not otherwise perform non-consensual tows from private property.
    
    For a business to apply for a non-consensual
    towing permit, the DPS' web site offers an application form and covers
    questions frequently asked by towing company owners. In addition, a local
    permit can be obtained from any city that issues non-consensual towing permits,
    but it will only be good within those city limits.
    
    NON-CONSENSUAL TOWING FROM GOVERNMENT PROPERTY:
    
    If the vehicle was towed from a public
    right-of-way or from government property (whether city, county, or state
    government), you must check that city's/county's/state's towing ordinances that
    provide for the enforcement of parking restrictions and the removal or towing
    of offending vehicles. In most cases, the owner of the offending vehicle is
    responsible for all costs associated with its removal or towing and any
    required storage. Further, a towing company authorized by state law or by local
    code to enforce towing ordinances can seize an offending vehicle and hold that
    vehicle until any and all fines imposed upon the owner are paid in full and any
    costs associated with the removal, towing and storage of the vehicle have been
    satisfied.
    
    Be aware that many local ordinances limit the
    liability of the city, county or state for any damage or loss when an offending
    vehicle (or a vehicle reasonably considered to be offending at the time
    enforcement action was taken) is removed, towed, seized, held or stored.
    
    Where do I file a complaint about a towing
    experience?
    
    Check your local city, county or state government
    for specific regulations and ordinances relating to towing companies. If a
    towing company violates any local ordinances, you should contact the
    appropriate local law enforcement entity. Depending on the severity of your
    complaint and the related costs, damage or loss, you might consider consulting
    an attorney. Complaints can also be filed through the Better Business Bureau.
    
    CONSENSUAL TOWING:
    
    If the owner of the vehicle authorized the towing,
    this is considered "consensual." You might consent to towing if your
    car broke down or you were involved in an accident, or if you contacted the
    towing company yourself.
    
    Where do I file a complaint about a consensual
    towing experience?
    
    If you encounter any problems with consensual
    towing, you should:
    
    Contact the towing company first in an effort to
    resolve the issue.
    
    If the company's customer service department or
    first-level support people are unable to resolve your complaint, you should put
    your complaint in writing to the company's upper management or its owner.
    
    If the vehicle was towed from property within city
    limits, check that city's towing ordinance for any special requirements or
    regulations that towing companies must comply with. You may be able to file a
    complaint with local law enforcement.
    
    If the vehicle was towed from property outside
    city limits, or if your problem remains unresolved after escalating to company
    management, your options are:

  • Contact an attorney for legal advice; or
  • File a claim in magistrate court in the county
    where the business is located. Magistrate court, also called small claims
    court, is an informal court and in Georgia it can handle money claims up to
    $15,000. This court offers a quick and inexpensive process for complaint
    resolution. Filing fees are relatively small but can vary from county to county.
  • Complaints can also be filed through the Better
    Business Bureau at bbb.org.