What To Do If A Tow Truck Damages Your Property While Performing Their Job In Florida?

You have already had a bad enough day. Your car broke down on I-95, or you were involved in an accident on US-1, or your vehicle was towed from a parking lot in Boca Raton. Then the tow truck operator makes everything worse, your car sustains new damage during the tow, something goes wrong at the impound lot, or your vehicle arrives at its destination in worse condition than it left.

Tow truck damage is more common than most people realize in South Florida, and it raises questions that are not always straightforward to answer. Who is responsible? Can you actually hold the towing company accountable? What steps do you need to take to protect your claim? Kogan & DiSalvo has helped Floridians navigate exactly these situations, and this guide walks you through everything you need to know.

Florida’s Towing Industry: A Regulated but Imperfect System

Florida regulates the towing industry through a combination of state statutes and local ordinances. Towing companies that operate in Florida are subject to licensing requirements, must carry liability insurance, and are subject to rules about how vehicles must be handled during towing. Many municipalities throughout South Florida, including Broward County, Palm Beach County, and Martin County, have additional local regulations governing towing practices, storage fees, and dispute resolution.

Despite this regulatory framework, damage caused by towing companies is a genuine and recurring problem. Common scenarios include improper attachment of tow chains or straps that damage the vehicle’s undercarriage, bumper, or drivetrain; flat-bed loading errors that scratch or dent the vehicle’s body; improper towing of all-wheel drive or low-clearance vehicles; and damage that occurs while the vehicle is in storage at an impound lot.

The fact that towing companies are licensed and insured does not mean they readily accept responsibility for damage they cause. In practice, many towing companies dispute damage claims, argue that damage was pre-existing, or direct claimants through bureaucratic processes designed to discourage pursuit of legitimate claims.

Types of Damage Tow Trucks Can Cause

Knowing the specific types of damage that towing operations can cause helps you identify and document the harm accurately. Common forms of tow truck-related property damage include:

• Undercarriage damage — improper hookup or dragging of the vehicle can damage the frame, exhaust system, oil pan, transmission, or suspension components
• Drivetrain damage — towing an all-wheel drive or four-wheel drive vehicle with the wrong method can cause catastrophic damage to the drivetrain that is expensive to repair
• Body damage — scratches, dents, and broken trim pieces caused by improper securing of the vehicle on a flatbed or during loading and unloading
• Wheel and tire damage — improper wheel-lift towing can damage rims, tires, and steering components
• Interior damage — forced entry to access the vehicle, damage to steering column components from improper dolly use, or damage caused while the vehicle is being manipulated
• Personal property damage — items inside the vehicle that are damaged, displaced, or go missing while the vehicle is in the towing company’s possession
• Additional damage at the impound lot — damage that occurs while the vehicle is stored, including weather-related damage from inadequate storage, vandalism on the lot, or damage from other vehicles

Injured or had property damaged in Florida? Call Kogan & DiSalvo today for your free consultation, we are here to help you understand your rights and options.

What to Do Immediately After Discovering Tow Truck Damage

The steps you take in the immediate aftermath of discovering damage matter significantly for the outcome of your claim. Acting quickly and systematically protects your ability to recover compensation.

1. Document everything before accepting the vehicle. Before you take possession of your vehicle from the towing company or impound lot, do a thorough walk-around inspection and photograph every angle of the vehicle, including the undercarriage if accessible. Document any damage you observe, no matter how minor it appears. Once you drive the vehicle away, it becomes much harder to attribute damage to the towing company.
2. Note the pre-existing condition. If you have photographs of your vehicle from before the tow, which many people have on their phones from recent trips or from selling or insuring the vehicle, preserve these immediately. They establish the vehicle’s condition before the towing company took possession.
3. Do not sign any release. Towing companies and impound lots sometimes present paperwork at vehicle pickup that includes release language. Read everything carefully before signing. Do not sign any document that releases the towing company from liability for damage before you have had the opportunity to fully inspect the vehicle and assess the extent of damage.
4. Report the damage to the towing company immediately and in writing. Notify the towing company of the damage on the spot and follow up with a written communication, email provides a dated record, describing the damage and requesting that it be addressed. Prompt notice gives you a stronger claim and prevents the company from arguing the damage occurred after you took possession.
5. Get a repair estimate. Take your vehicle to a qualified mechanic or body shop and obtain a written estimate for the cost of repairing the damage. For mechanical damage that is not visible, a diagnostic inspection may be needed to identify and document the full extent of harm.
6. Contact your insurance company. Depending on your coverage, your own auto insurance may cover tow truck damage, subject to your deductible. Filing a claim with your insurer triggers their investigation process and may provide an avenue for recovery even if the towing company disputes responsibility. Your insurer can then pursue subrogation against the towing company.
7. Consult an attorney. If the damage is significant, if the towing company is disputing responsibility, or if you are uncertain about your rights, consulting with an attorney is a smart step. Kogan & DiSalvo can advise on the specific facts of your situation and help you pursue the most effective path to recovery.

Legal Theories for Holding a Towing Company Responsible

Florida law provides several legal bases for holding a towing company liable for damage to your vehicle. Understanding these theories helps frame the claim correctly.

Negligence

A towing company owes a duty of reasonable care in handling your vehicle. When a tow truck operator fails to use proper techniques, uses the wrong towing method for your vehicle type, fails to secure the vehicle properly, or otherwise acts below the standard of care expected of a professional towing operator, they are negligent. A claim based on negligence requires establishing that the operator’s failure to meet the standard of care caused your damages.

Bailee Liability

When a towing company takes possession of your vehicle, they become a bailee, a party who has received someone else’s property for a specific purpose and is obligated to return it in the same condition. Florida law recognizes bailee liability, and in many circumstances, damage to a vehicle that occurs while it is in the towing company’s possession creates a presumption of negligence that the towing company must overcome. This is a powerful legal theory because it shifts the burden to the towing company to explain how the damage occurred.

Violations of Florida Towing Regulations

Towing companies in Florida are subject to specific operational standards under state law and local ordinances. If the towing company violated applicable regulations, by using a method not appropriate for your vehicle type, by failing to conduct a pre-tow inspection and documentation, or by violating storage or handling requirements, those violations can support a negligence per se theory, meaning the violation of the regulation itself establishes negligence without requiring a separate analysis of the standard of care.

What If the Tow Was Wrongful — Your Car Was Improperly Towed?

A separate issue from damage during towing is the situation where a vehicle is towed without proper legal authority, what is sometimes called a wrongful tow. In Florida, non-consent towing from private property is heavily regulated. Towing companies must comply with specific signage requirements, notification requirements, and limitations on when and how vehicles can be towed without the owner’s consent.

If your vehicle was wrongfully towed from a parking lot, apartment complex, or other private property in South Florida, Florida Statute 715.07 provides specific rights and remedies. The vehicle owner may be entitled to recover the vehicle at no charge if the towing company failed to comply with the statutory requirements, and may have a claim for damages including the cost of the wrongful tow and any resulting harm.

Wrongful tow claims are a distinct area of Florida law that Kogan & DiSalvo handles for clients throughout Boca Raton, Fort Lauderdale, West Palm Beach, and surrounding communities. If your vehicle was towed and you believe the tow was improper, a consultation can clarify your rights quickly.

What If the Tow Truck Hits You or Your Vehicle While Driving?

A tow truck that causes a traffic accident, rear-ending your vehicle, striking a pedestrian, or colliding with another car while towing, is a motor vehicle accident claim, not just a property damage claim. Tow trucks are commercial vehicles, and accidents involving them follow the same legal framework as other commercial vehicle accident claims.

Commercial vehicle insurers, including towing company insurers, are experienced at defending these claims and often move quickly to protect their interests after an accident. If you or a passenger were injured in an accident caused by a tow truck, contacting Kogan & DiSalvo promptly gives us the opportunity to preserve evidence, identify all liable parties, and build the strongest possible case on your behalf.

Kogan & DiSalvo has helped injury and property damage victims across South Florida recover the compensation they deserve. Your recovery starts with a call to Kogan & DiSalvo, contact us today for your free consultation.

Florida’s Dispute Resolution Process for Towing Complaints

Florida provides a summary claims procedure for disputes involving non-consent towing under Florida Statute 715.07. This process allows vehicle owners to challenge the validity of a tow and seek return of the vehicle or compensation without filing a full civil lawsuit in some circumstances. The procedure involves filing a complaint with the county court and is designed to be relatively accessible for claimants without legal representation.

However, for significant property damage claims, particularly those involving mechanical damage, drivetrain damage, or claims exceeding a few thousand dollars, the summary claims procedure may not be the most effective path. A full civil claim for negligence or bailee liability may provide more complete recovery. An attorney can assess which approach is most appropriate for your specific situation.

Frequently Asked Questions About Tow Truck Property Damage in Florida

What if the towing company says the damage was pre-existing? This is the most common defense towing companies raise. Your ability to counter it depends on the documentation you have, photographs taken before the tow, prior inspection reports, and testimony about the vehicle’s condition. If the towing company did not conduct a documented pre-tow inspection, their ability to credibly argue pre-existing damage is significantly weakened.

How long do I have to file a claim against a towing company in Florida? The statute of limitations for property damage claims in Florida is generally four years from the date the damage occurred. For personal injury claims arising from a tow truck accident, the period is two years following the 2023 change in Florida law. Acting promptly is always advisable to preserve evidence and protect your rights.

Can I recover storage fees as part of my claim if the tow was wrongful? Yes. If the tow was wrongful or if the towing company caused damage that prevented you from promptly retrieving your vehicle, storage fees that accumulated during that period may be recoverable as part of your damages. Florida law also caps storage fees for non-consent tows in certain circumstances.

You do not have to navigate this alone. Call Kogan & DiSalvo today to schedule your free consultation and learn how we can help you recover compensation for tow truck property damage in Florida.