What To Do if Your Legally Parked Car Was Wrongfully Towed

A wrongful tow can happen when someone removes a vehicle even though the owner followed parking rules. If you believe your legally parked car was towed by mistake, document the scene, save all towing paperwork and receipts, and gather proof showing you were allowed to park there. These records can help you challenge the tow and determine whether you have a claim for damages.

Getting your car back may solve one problem, but it does not always address the financial losses caused by an improper tow. You may have paid towing and storage fees, missed work, or dealt with vehicle damage caused during the removal process.

For assistance with a potential wrongful towing dispute, contact an attorney through the Super Lawyers directory.

Confirm Your Car Was Actually Towed

If you go to where you think you last left your vehicle, first confirm it was towed. Start by confirming that you didn’t actually park somewhere else. It’s also a good idea to verify that it was towed and not stolen. Contact local police, non-emergency dispatch, or municipal parking enforcement.

Look for signage near and around where you parked for information about parking enforcement. There may also be a nearby towing lot. Try to determine which towing company is responsible for removing vehicles.

Hurt in a Car Accident?

Involved in a car accident and seeking compensation? Get legal help by contacting a car accident lawyer near you with the Super Lawyers directory.

Find a lawyer today

Determine Whether the Tow Was Lawful

Once you confirm that your vehicle was towed, the next step is to determine if it was lawful. Just because a towing company removed your vehicle doesn’t mean they were automatically in the right. Towing companies must comply with local and state laws.

Common reasons for a lawful tow include:

• The vehicle is blocking traffic or a fire hydrant
• The vehicle is parked in a tow-away zone around specific areas
• The vehicle may have expired registration or outstanding parking violations
• An emergency street closure requires the area to be cleared of parked vehicles

Private property may have unauthorized vehicles towed from their parking lots. State and local law may require signage or other notice before towing unauthorized vehicles from private property, although exceptions can apply.

An unlawful tow can occur when a tow truck driver removes a legally parked vehicle, or when the tow violates applicable authorization or notice requirements. Sometimes it is a predatory tow because the signage is deliberately missing or misleading.

The towing company could have had the wrong address or license plate information, resulting in them towing the wrong vehicle. The tow could have taken place too soon, before the required notice was provided.

Gather Evidence Before You Leave the Scene

Before you leave the scene of where the tow took place, gather as much evidence as you can. That way, you preserve the scene as it appeared when you parked.

Take pictures and/or video of the parking space, street signs, parking meter, curb markings, nearby landmarks, and anything else in the area that could be relevant. If you have parking documents, save them too. These could include a parking receipt, meter payment record, garage ticket, or parking app payment confirmation.

If anyone in the area witnessed the tow, ask them for their contact information. Look around for security cameras that may have recorded the towing.

How Can You Prove the Tow Was Wrongful?

Evidence and documentation are essential for proving an unlawful tow. The circumstances of the towing will determine what evidence will be the most helpful. You may need registration and ownership documents to show they towed the wrong vehicle.

Pictures and video footage can show that you parked in the correct location or that the signage wasn’t properly posted. Time-stamped receipts can show when and where you parked. Receipts showing towing and storage charges can validate your loss claim.

No single piece of evidence automatically proves a wrongful tow. Instead, the facts are considered together to determine whether you complied with the parking rules and whether the towing company or authorizing party acted improperly.

Who May Be Responsible for a Wrongful Tow?

Multiple parties may be liable for an illegal tow. Who you ultimately seek compensation from will depend on the specific circumstances of your situation.

• Private towing company
• Tow operator
• Property owner
• Property management company
• Homeowners association
• Parking operator
• Municipality or government agency
• Contractor acting on behalf of a public agency

What Can You Recover After a Wrongful Tow?

Generally, when you file a civil lawsuit, you are seeking recovery of your loss or damages. When you file a lawsuit for your wrongful tow, you can recover the costs you incurred to recover your vehicle.

This could include the towing and storage fees, impoundment fees, transportation expenses, and possibly lost wages. If your vehicle was damaged during the tow, you may also be able to recover repair costs. Specific remedies vary by state.

Should You File a Complaint or Take Legal Action?

Not every wrongful tow ends up in court. In many cases, the fastest solution is to challenge the tow directly with the city, parking authority, property owner, or towing company.

If the towing company is licensed or regulated by a state or local agency, you may also be able to file a complaint with the appropriate oversight office. If you’ve already paid towing or storage fees, ask for reimbursement and provide copies of your receipts and any evidence showing the tow should not have happened.

When those efforts fail, legal action may be an option. Smaller disputes are often handled in small claims court, where individuals can seek compensation without filing a traditional lawsuit. If your financial losses are substantial, your vehicle was damaged, or the towing company has a history of improper practices, a civil lawsuit may be appropriate.

An attorney can help you weigh the potential recovery against the cost and time involved before deciding how to proceed.

Do You Need a Lawyer for a Wrongful Tow?

Every situation is different. One person may find hiring an attorney helpful, while another may resolve the issue on their own. A lawyer can help when the towing company refuses reimbursement, there is vehicle damage, or the financial loss is significant. If a government agency or entity is involved, it may be helpful to have a lawyer involved. A lawyer can also step in when the legality of the tow is debated.

A lawyer can explain the applicable law and your legal options. They can communicate with the responsible parties on your behalf. If necessary, they can file a claim with the appropriate court. They can help calculate the full amount of damages.

For many people, small claims court will be the appropriate forum to seek recovery. People often represent themselves in low-value claims. The limit can vary by state. Lawyers generally don’t represent people in small claims court.

Don’t Wait Too Long To Protect Your Rights

There may be a statute of limitations or complaint filing deadline that applies to your claim. These can vary by jurisdiction. Missing this filing deadline can prevent you from seeking recovery.

Claims against government entities often have much shorter deadlines and additional notice requirements. Additionally, the longer you wait, the harder it is to contact witnesses and gather evidence. Prompt action can improve the chances of resolving the dispute.

Speak with a Lawyer

A wrongful tow can be more than an inconvenience. It can create financial losses, disrupt your schedule, and leave you unsure about who should be held accountable. Because towing laws and procedures can vary, an attorney can help you evaluate your claim and determine whether negotiation, a complaint, or legal action is the right approach.

If you believe your vehicle was wrongfully towed, use the Super Lawyers directory to find an attorney who can help you understand your options.