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Know Your Towing Rights

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The San Diego Police Department and City Attorney's Office are working to ensure towing in the City of San Diego is done lawfully. This page addresses relevant laws and rights afforded under the California Vehicle Code regarding the towing of vehicles from private property that is open to the public for parking.  

Sources: California Vehicle Code sections 22651.07, 22658, and 22953. Please note that this information is intended for informational purposes and should not replace legal advice from a qualified attorney.

Report Towing Violations

  • Who Do I Contact for Release Assistance? A motorist who wants help getting a tow company to release their vehicle should call local law enforcement.
  • Who Do I Contact to Report Violations? Contact the San Diego City Attorney Office’s Affirmative Civil Enforcement Unit by submitting a Towing Complaint Form.

One Hour Rule

A property owner or their agent is prohibited from towing a vehicle that has been parked for less than one hour unless the exceptions below apply.

Exceptions include vehicles parked in a fire lane, handicap spot, within 15 feet of a fire hydrant, designated tenant parking spot, or in a manner interfering with the entrance or exit to a property.

  • What if the property owner fails to wait one hour? It is a misdemeanor for a tow company to tow a vehicle unless it makes a good-faith effort to determine that the property owner or agent has waited one hour before authorizing the tow.
  • How can I verify one hour has passed? Upon request, a towing company must provide owners of towed vehicles a copy of a written authorization which indicates:
    • The time the vehicle was first observed parked,
    • The time authorization was given to tow the vehicle was given, &
    • A photo of the parked vehicle that is in violation.

Property Owner Authorization

The property owner or their agent must authorize the tow of a vehicle from private property by verifying the reason for towing the vehicle. The property owner or their agent must be present at the time of the tow and sign a written authorization for the tow.

Exceptions apply for a vehicle illegally parked in a residential property with 15 or fewer units without an on-site manager to authorize the tow. 

Stopping a Tow in Progress

If a vehicle owner returns to their vehicle before the tow truck has left the parking lot and requests it be released, the tow truck driver must immediately and unconditionally release the vehicle.

  • Do I pay if I arrive during the tow? No, the tow truck driver cannot demand payment to release your vehicle. Failure to release a vehicle may constitute a misdemeanor. However, the tow company may sue the vehicle owner for up to one-half the regular tow fee if the vehicle is already connected to the tow truck or other towing device.

Ten Mile Limit

A tow company must tow the vehicle to a storage facility within 10 miles of the property where it was parked. 

Hours to Pick Up Your Vehicle

A storage facility must be open to pick up your vehicle Monday through Friday, 8 a.m. - 5 p.m., except on holidays, and must release vehicles after normal business hours.

Towing and Storage Rates

A storage facility must provide an itemized invoice for all towing and storage charges. It is unlawful for facilities to charge excessive rates for towing or storage, as they cannot charge more than the rates specified by law enforcement in the area. Rates must also be visibly posted at the facility. 

  • Tip: Check that all charges are accurate and ask for receipts.

Payment

A storage facility must accept valid credit cards as payment and must have sufficient funds on the premises to provide correct change for cash payments.

  • What if my vehicle was damaged? Towing companies are responsible for damage incurred to the vehicle during the tow and storage.
  • Can a storage facility charge me on behalf of the property owner? No. It is illegal for a facility to collect money on behalf of the property owner to release the vehicle.
  • What if I cannot pay the full charge?Storage facilities are prohibited from withholding a vehicle to obtain payment. However, a storage facility may pursue legal action for any unpaid charges.

Remedies

Vehicle owners whose vehicles are towed in violation of these laws may:

  • Sue the property owner or their agent, the tow company, and the storage yard for damages of up to 4 TIMES the amount of the towing and storage fees, or
  • File a claim without hiring an attorney in Small Claims Court for up to $12,500.

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