Can you stop a tow truck from taking your car in Texas? Here’s what the law says
You walk out of a restaurant, apartment complex or a shopping center and notice a tow truck hooked up to your vehicle.
At that point, it might feel like there’s nothing you can do except watch it drive away.
But a recent Fort Worth towing dispute, where some drivers were charged fees before their vehicles ever left the property, has raised questions about what rights Texans have when a tow is already in progress.
Can you stop the tow, and if so, do you have to pay?
Here’s what Texas law says.
Can you stop a tow truck from taking your car in Texas?
According to the Texas Department of Licensing and Regulation, It depends on how far along the towing process is.
If your vehicle has been attached to a tow truck but isn’t fully hooked up and ready for towing, you can get it back without paying a fee.
TDLR says a vehicle is considered fully hooked up when it has been lifted, secured and the only thing left for the tow truck driver to do is drive away with it.
If the vehicle is fully hooked up and ready for towing but is still on the property, you may still be able to get it back, but the towing company can charge a drop fee before releasing it.
Once the tow truck leaves the property with your vehicle, you’ll have to pick it up from the storage facility where it was taken.
What is a drop fee in Texas?
A drop fee is the amount a towing company can charge if you show up after the tow has started but before your vehicle leaves the property.
For most passenger vehicles, the maximum drop fee allowed under state rules is $135.
The limit increases to $190 for vehicles weighing more than 10,000 pounds but less than 25,000 pounds and $244 for vehicles weighing more than 25,000 pounds.
TDLR says local governments can set lower limits, but towing companies can’t charge more than the statewide maximum.
What happens if my car has already been towed?
If the tow truck has already left with your vehicle, you’ll need to find out where it was taken.
According to TDLR, you can usually get that information by calling the number listed on the property’s tow-away sign.
To get your vehicle back, you’ll need to show identification, prove you’re the owner or authorized user and pay any towing and storage fees that apply.
The state says acceptable proof may include a driver’s license that matches the registration, a vehicle title, a lease agreement or an insurance card that lists you as a named insured.
Even if you’re not ready to pick up the vehicle right away, Texas law allows you to access it to retrieve personal belongings and ownership documents without paying a fee.
Can I challenge a towing fee in Texas?
Yes. If you believe your vehicle was wrongfully towed or that you were charged a fee that wasn’t allowed, you can request a tow hearing.
According to TDLR, the request must be filed before the 14th day after the vehicle was towed and placed in a storage facility. Weekends and national holidays don’t count toward that deadline.
At the hearing, a judge will determine whether the tow was justified and whether the fees were properly charged.
You can also file a complaint with TDLR against a towing company, tow operator, vehicle storage facility or booting company.
However, the agency notes that filing a complaint doesn’t replace a tow hearing, so drivers who want to challenge a tow may want to consider both options.
