Can I Sue a Towing Company for Towing My Car?

We’ve all been there — that moment when you walk to where your car was parked… and it’s just gone. Your heart skips a beat. You panic for a second, thinking, Was it stolen? But then you notice a sign or get a call or find a crumpled notice. Your car has been towed.

The anger, confusion, and helplessness that follow? Totally normal.

But the question that comes up next — and the reason you’re here — is real and important: “Can I sue a towing company for towing my car?” The short answer? Yes, you can, under certain conditions. But the long answer is where your power lies. That’s what this article is all about.

We’ll walk through your legal options, your rights, the difference between legal and illegal towing, and when it makes sense to take action — even legal action. Let’s break it down together.

When Can a Towing Company Legally Tow Your Car?

Here are some common legal reasons your car can be towed:

• Blocking a fire hydrant or driveway

• Parking in a tow-away zone

• Outstanding parking tickets or unpaid violations

• Expired registration or inspection

• Private property violations (like parking in a reserved spot without a permit)

If any of those apply and the proper signage and notice rules were followed, then unfortunately, it’s likely a legal tow.

But that’s not the end of the story.

When Towing Becomes Illegal (and Grounds for a Lawsuit)

Here’s where things get interesting. Not all tows are done legally, and yes, you can sue a towing company for towing your car if they acted outside the law.

Let’s look at a few situations where towing might be illegal:

If you find yourself in any of the situations above, you may have a valid case. Keep reading — we’ll show you how to take action.

Your First Step: Collect Evidence and Stay Calm

It’s tempting to storm into the tow yard, yelling at whoever is behind the counter. But trust me, staying calm gives you the best shot at solving the problem — or even building a strong case.

Here’s what you should do:

• Take pictures of where your car was towed from — especially if signs were missing or unclear.

• Request a tow receipt showing time, location, and fees.

• Check if the towing company filed a police report (in many states, this is required).

• Record all conversations — if possible, write down names and what was said.

• Keep all documents — including the notice, receipt, and payment details.

Every detail matters. If you want to sue, this is your foundation.

How to File a Complaint Before You Sue

Sometimes, you don’t have to go straight to court. Many cities and states have consumer protection offices, and towing companies are regulated in most areas.

Here’s what you can try first:

• File a complaint with your city’s parking or transportation department

• Report unfair fees or illegal towing to your state’s Attorney General office

• Submit a review on BBB or other platforms to warn others

• Write a certified letter to the towing company demanding a refund or explanation

Often, just taking these steps can lead to a resolution. But if they dig in their heels or don’t respond, it might be time to escalate.

Yes, You Can Sue a Towing Company — But Here’s When It Makes Sense

Can I sue a towing company for towing my car? You bet. But should you? That depends on the situation.

You have a solid case for small claims court if:

• The tow was clearly illegal

• Your car was damaged

• You were overcharged beyond state limits

• They violated notice or signage rules

In most places, small claims court is fast and affordable, and you don’t need a lawyer. Filing fees are low, and you can often recover not just your money, but court costs too.

Just be ready to show:

• Evidence of where your car was parked

• Proof of payment (or loss)

• Photos of missing or illegal signs

• Any communications with the towing company

It’s your story, told with proof.

What Damages Can You Claim If You Sue a Towing Company?

If you win your case, you might be entitled to more than just a refund of the tow fees.

Here’s a breakdown of what you can potentially recover:

• Towing and storage fees (if the tow was illegal)

• Cost of repairs if your car was damaged

• Lost wages if the incident made you miss work

• Legal fees or court costs

• Emotional distress damages (though harder to prove in small claims court)

You won’t walk away a millionaire, but you can hold them accountable and make sure they think twice before illegally towing someone else.

Real Talk: Is It Worth It to Sue Over a Tow?

Let’s pause for a second. Yes, towing is frustrating. Yes, it can feel deeply unfair. But is it worth going through the stress of suing?

If we’re being honest, that depends on:

• The amount of money at stake

• Whether you have clear evidence

• How much time and energy you’re willing to put in

For many people, just filing a formal complaint and getting a refund is enough. But if they refuse to make things right — or you want to make a point — then yes, suing a towing company for towing your car might be exactly the stand you need to take.

And trust me, you won’t be the only one. Predatory towing is a growing issue, and the more people speak up, the more change we can create.

How to File a Lawsuit Against a Towing Company (Step-by-Step Guide)

Okay, you’ve gathered your evidence, tried to settle the issue directly, and the towing company still isn’t budging. Time to take them to small claims court — a simple legal option that doesn’t require a lawyer.

Here’s how to do it, step by step:

1. Find the Right Court

Locate the small claims court in the county where the incident happened. Most courts have websites with instructions for filing.

2. Fill Out the Forms

You’ll need a Plaintiff’s Claim form. This includes:

• Your name and address

• The towing company’s name and address

• What you’re suing for (e.g., “Illegal towing and property damage”)

• The amount you’re seeking

Make sure everything is clear, honest, and well-documented.

3. Pay the Filing Fee

Fees range from $30 to $100 depending on how much you’re claiming. If you can’t afford it, you can request a fee waiver.

4. Serve the Towing Company

This means officially notifying them of the lawsuit. You can use a process server, sheriff, or certified mail (depending on your state). Keep proof of service!

5. Prepare for Court

Bring every piece of evidence:

• Photos

• Receipts

• Emails or texts

• Witness statements

• Tow company contract (if any)

Practice explaining your story simply, clearly, and calmly. Judges appreciate preparation and clarity.

6. Show Up and Present Your Case

Stay polite, even if emotions run high. Focus on facts. Answer the judge’s questions honestly.

If you win? Boom — the court may order them to pay you back or cover your costs.

Tips for Winning Your Case

Winning in small claims court isn’t about fancy words. It’s about evidence and fairness.

Follow these tips:

• Be organized: Put documents in order.

• Be brief: Avoid long stories, get to the point.

• Be honest: Don’t exaggerate. Judges can tell.

• Be respectful: Always address the judge as “Your Honor.”

One more tip? Bring a printed copy of your state’s towing laws. Show you know your rights.

Know Your State’s Towing Laws: A Quick Glance

Towing laws vary wildly across the U.S. Some states are strict; others, not so much.

Here’s a quick look at a few:

Before you sue, Google “[your state] towing laws” or check your Department of Motor Vehicles (DMV) or Attorney General’s website.

Your Consumer Rights in a Towing Situation

You’re not powerless. In fact, there are several federal and local rules designed to protect you from predatory or illegal towing.

Here are your key rights:

• The right to a clear explanation of fees

• The right to access your car and personal items

• The right to see permits or licenses

• The right to contest an illegal or mistaken tow

Some states even require towing companies to accept credit cards, cap storage fees, or prohibit “spotter” incentives that reward aggressive towing.

If any of these rights are violated, you have a strong case.

Real-Life Story: David’s Battle with a Rogue Towing Company

Let me tell you about David, a guy from Houston. He parked outside a friend’s apartment complex for just 15 minutes to drop something off. When he came out — poof — his car was gone.

There was no visible sign. He took pictures of the empty pole where one should’ve been. The tow yard charged him $350 to get it back, refused to accept a card, and said, “Take it or leave it.”

David documented everything, filed in small claims court, and showed up with evidence. The judge ruled in his favor and awarded him not only a full refund but $100 for emotional distress.

It wasn’t about the money. It was about standing up.

FAQs: Can I Sue a Towing Company for Towing My Car?

1. Can I sue if my car was damaged during the tow?

Yes. Towing companies are responsible for your vehicle’s safety. If your bumper, tires, or undercarriage were damaged, document it and sue for repair costs.

2. Is towing without signs illegal?

Often, yes — especially on private property. Most states require clear, visible signs at all entrances.

3. How much can I sue for?

That depends on the damage. Most small claims courts allow claims up to $5,000 – $10,000. Check your state’s limit.

4. Can I sue for emotional distress?

Sometimes. While emotional damages are harder to prove, courts may grant small amounts for stress, embarrassment, or missed events.

5. What if I can’t afford a lawyer?

You don’t need one! Small claims court is designed for regular people. You can represent yourself easily.

6. Can a towing company keep my car until I pay?

Yes, but only legally. They must provide a written invoice, allow you to pay in common methods, and let you retrieve personal belongings.

7. What if they refuse to give me a receipt?

That’s illegal in most areas. Refusing receipts is shady — and may help you win your case.

8. Is it worth all the effort?

If the tow was clearly illegal and you’re owed money, absolutely yes. You’re not just getting justice — you’re stopping future abuse.

Final Thoughts: Empower Yourself and Others

So, to wrap this all up…

If you’ve been wrongly towed, overcharged, or had your vehicle damaged — you have the right to fight back. And yes, you can sue a towing company for towing your car under the right circumstances.

This isn’t just about your car. It’s about your dignity, your rights, and your voice.

Every time someone holds a company accountable, the system gets just a little fairer. So whether you file a complaint, leave a detailed review, or stand in court with your evidence and your truth — know this:

You’re not just doing it for yourself.

You’re doing it for every person who got their car towed unfairly and didn’t know they could do something about it.