Florida Towing Laws: Can you sue a tow company? Yes.
Florida statute 715.07 governs towing companies in Florida. You can read it yourself over here.
Notably, there has been some confusion as to whether you can sue under the statute, or whether the statute only provides criminal penalties. As the courts have determined in recent decisions, the answer is both. Specifically, some sections of the statute expose the towing company to criminal liability and other sections to civil liability. See Am. Towing of Miami, LLC v. Espinal, 318 So. 3d 598, 601 (Fla. 3rd DCA 2021)
What this means to you is that for certain violations, you can sue the tow truck company or driver for damages. For other violations, the company or driver may be liable, but you cannot sue. Instead, you would have to report the violation to the authorities which could result in the tow company getting into criminal trouble.
In addition to the statute, there may be additional laws depending where the tow company is located. However, I am only going to cover Florida statute regulating tow companies that applies to all tow companies in Florida.
Civil liability: What can you sue the tow truck company for?
Civil liability means you can the tow company or driver in civil court and obtain damages. There are two sections in the statute Florida statute 715.07 that expose the tow company to civil liability.
1. You can sue for damage to your vehicle
Per Florida Statute 715.07(a)(8), the tow company can enter your vehicle for the purpose of towing. However, they must exercise “reasonable care” in doing so.
The tow company and driver can be liable under the statute, if they (a) do not exercise reasonable care in entering your vehicle; and (b) as a result, your vehicle is damaged. If these two conditions are met, you can the tow company and the driver under the statute.
So if you are wondering whether you can sue a tow company for returning your vehicle damaged, the answer is yes.
2. You can sue for illegal or unlawful towing of your vehicle
Per Florida Statute 715.07(a)(8), any person that “improperly causes a vehicle or vessel” to be towed, may be liable to the owner of the vehicle or vessel for the cost of “removal, transportation, storage; and any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs.”
From the wording of the statute, you can likely hold the tow company, the driver, and whoever ordered your vehicle towed, if it was towed improperly or for an improper purpose.
Criminal liability: what violations can get a tow company and driver in criminal trouble?
Under Florida Statute 715.07(b), any of the violations outlined below could result in a third-degree felony. However, you would need to file a report with the authorities in order to make a criminal complaint. The tow company must comply with the following rules:
1. Any towed vehicles must be stored in a certain range from where they were towed
Per 715.07(a)(1), tow companies need to following the following requirements:
If there is towing business within the area of where the vehicle is stored, then:
- Any towed vehicle must be stored in a site within a 10-mile radius of where the vehicle was removed from, if in a county of 500,000 people or more.
- If you are in a county of less than 500,000 people, the vehicle must be stored within a 15 mile radius of where it was removed from.
If there are no towing businesses within the area the vehicle, then the statute provides that:
- In counties where the population is 500,000 or more, the vehicle can be stored at a site within 2- mile radius from the point of removal.
- If the county has a population of less than 500,000, then the vehicle an be stored within a 30 mile radius.
2. The towing company must provide certain information to the police for every tow they do – otherwise they could violate Florida law
Per 715.07(a)(2), within 30 minutes of completing towing, the tow company must notify the police department (or if in an unincorporated area, the sheriff) of the following:
a. The towing
b. The store site
c. The time the vehicle was towed
d. The make of the vehicle
e. The model of the vehicle
If this procedure is not followed by the company, then it can be criminally liable.
3. In addition to notifying the authorities of each tow, the tow company must keep track of the name of the individual they notified in the police department
Per 715.07(a)(2), In addition to notifying the police department of the tow, the truck company must store in their records the name of the person at the department who they reported the tow information to.
4. If you catch them in the process of towing, the tow company must stop and give you a reasonable opportunity to pay for the return of your vehicle
Per 715.07(a)(3) a person towing your vehicle must stop when you seek the return of the vehicle. The tow truck driver cannot just ignore you and keep driving off. Additionally, they must allow you to reclaim your vehicle in exchanged for a fee no higher than half their posted rate.
So for example, lets say tow truck has a standard posted rate of $200 to reclaim your vehicle. If you stop them while they are towing your vehicle, they must return it to you for $100 or less – half of their posted rate.
5. A tow company cannot make you sign a release for the return of your vehicle
Per 715.07(a)(9), when you seek the return of your vehicle, the tow company is not allowed
to condition the return on your signing a release or waiver.
If you signed such a release, then is likely ineffective under Florida law.
