What to Do When Your Car Is Towed Without Permission
Your car was towed, and you did not authorize it
If your vehicle was towed from private property without your permission, South Carolina law requires the towing company to follow specific steps before removing it. The property owner or their agent must post visible signs warning that unauthorized vehicles will be towed, and the tow must happen within a set timeframe. If these rules were not followed, you may have grounds to dispute the tow and recover costs.
If your car was towed from public property — a street, parking lot, or municipal lot — the rules are different. The city or county that ordered the tow must follow their own procedures, which usually include posting notices and giving you a chance to retrieve the vehicle before it goes to auction.
In either case, you have options: you can retrieve your vehicle by paying the tow and storage fees, challenge the tow in small claims court, or file a complaint with the South Carolina Attorney General if the towing company broke the law.
Key Takeaways
- Private property tows require visible warning signs and must happen within 24 hours of the vehicle being parked; if these steps were skipped, the tow may be illegal.
- You can retrieve your vehicle by paying the tow fee and daily storage charges, but you do not have to pay if the tow violated South Carolina law.
- Small claims court is the fastest way to recover towing and storage fees if you believe the tow was unauthorized or the charges were unreasonable.
- The towing company must provide you with written notice of the tow location, the reason for the tow, and the fees owed within 24 hours of towing.
- If the towing company refuses to release your vehicle or charges excessive fees, you can file a complaint with the South Carolina Attorney General's Consumer Protection Division.
When a private property tow is legal in South Carolina
A tow from private property is legal only if the property owner or their agent posted a sign warning that unauthorized vehicles will be towed. South Carolina law does not specify the exact wording, but the sign must be visible and clearly state that towing will occur. A small, faded, or partially hidden sign may not meet this requirement.
The towing company must also tow the vehicle within 24 hours of it being parked on the property. If more than 24 hours passed before the tow, the company violated the law, and you may recover the full tow and storage fees in court.
The property owner or their agent — usually a property manager or security company — must authorize the tow in writing or by phone. The towing company cannot simply decide on its own to remove a vehicle. If you can show that no one with authority over the property ordered the tow, the tow was illegal.
What the towing company must tell you
Within 24 hours of towing your vehicle, the towing company must provide you with written notice. This notice must include the location where your car is being held, the reason it was towed, the total fees owed (broken down by tow charge and daily storage), and instructions for retrieving it. The company must also provide the name and phone number of the property owner or agent who authorized the tow.
The notice can be delivered by email, text, phone call, or in person — but it must be in writing. If you were not notified within 24 hours, document this. It is evidence that the company did not follow the law.
You have the right to inspect your vehicle before paying any fees. The towing company cannot charge you for this inspection, and they cannot require you to pay before you see the car.
Tow and storage fees in South Carolina
South Carolina does not set a statewide cap on towing fees, which means companies can charge different amounts. However, the fees must be reasonable and cannot be punitive. If a company charges $500 to tow a compact car from a parking lot 2 miles away, a court may find the fee excessive.
Storage fees typically range from $15 to $30 per day, depending on the facility. These fees begin accruing the day after the tow. If your car sits in storage for a week while you gather money to retrieve it, you will owe seven days of storage charges on top of the tow fee.
Before you pay, ask the towing company for an itemized receipt showing the tow charge, the storage rate per day, and the number of days charged. If the numbers do not match what you were told, do not pay until you understand the discrepancy.
How to retrieve your vehicle
To get your car back, you will need to go to the towing facility with a valid ID and proof of vehicle ownership — usually your registration or title. You will pay the tow fee and storage charges in full. Most facilities accept cash, credit cards, and checks, but call ahead to confirm what they take.
If you cannot afford the full amount immediately, ask the facility if they offer a payment plan. Some will hold the vehicle for a few days while you gather funds, though they may continue charging storage fees during that time.
If you believe the tow was illegal or the fees are unreasonable, you do not have to pay to retrieve the vehicle. Instead, you can file a claim in small claims court and let the judge decide whether you owe anything. However, your car will remain in storage and storage fees will continue to accrue while the case is pending.
Challenging an unauthorized tow in small claims court
Small claims court in South Carolina handles disputes up to $7,500. If you believe your vehicle was towed illegally or the fees are excessive, you can file a case against the towing company in the magistrate's court in the county where the tow occurred.
To win, you will need to show one or more of the following: there was no warning sign on the property, the tow happened more than 24 hours after the vehicle was parked, no one with authority over the property ordered the tow, or the fees charged are unreasonably high for the service provided. Bring photographs of the property (showing whether a sign was visible), your registration, the written notice from the towing company, and any communications with the property owner or manager.
The filing fee for small claims court ranges from $25 to $100 depending on the amount you are suing for. You do not need a lawyer, and the process usually takes 30 to 60 days from filing to hearing. If you win, the judge can order the towing company to refund your fees and may award additional damages.
Filing a complaint with the Attorney General
If the towing company refused to release your vehicle, charged you twice for the same service, or otherwise violated South Carolina law, you can file a complaint with the South Carolina Attorney General's Consumer Protection Division. This does not get your car back immediately, but it creates an official record and may result in an investigation.
To file a complaint, visit the Attorney General's website or call their consumer hotline. You will need to describe what happened, provide the towing company's name and location, and include copies of any written communications. The Attorney General's office will contact the company and ask for their side of the story. If they find a violation, they may negotiate a refund or take legal action against the company.
Filing a complaint does not prevent you from also going to small claims court. You can do both at the same time.
Tows from public property and municipal lots
If your car was towed from a public street, city parking lot, or municipal impound lot, the rules are different. The city or county that ordered the tow must follow their own procedures, which are usually posted on their website or available from the police department.
Most municipalities must post a notice on your vehicle before towing it, or they must send you written notice within a certain timeframe. Some cities allow you to contest the tow before your vehicle goes to auction. Contact your city's parking enforcement office or police department to find out what notice you should have received and what your options are.
Frequently Asked Questions
Can a towing company charge me storage fees if the tow was illegal?
No. If the tow violated South Carolina law — for example, there was no warning sign or the tow happened more than 24 hours after parking — you should not have to pay storage fees. However, you may need to go to small claims court to enforce this. Do not pay the fees; instead, file a case and let the judge decide.
What if I cannot find my car after it was towed?
Call the towing company that removed it and ask for the location of the impound lot. If you do not know which company towed it, contact the property owner or manager, or call the local police non-emergency line. They can tell you which company was authorized to tow from that location. If the towing company will not tell you where your car is, that is a violation of South Carolina law, and you should file a complaint with the Attorney General.
Do I have to pay the tow fee if I was parked legally?
If you were parked legally and there was no warning sign, the tow was likely illegal and you should not have to pay. However, the burden is on you to prove this. Take photographs of the spot where you parked and the property to show there was no sign, and file a small claims case if the company demands payment.
How long can a towing company hold my car?
South Carolina law does not set a specific limit on how long a company can hold your vehicle. However, if your car is held for more than 30 days without your permission and you have not been contacted, you may have grounds to sue for damages. Contact the towing company in writing and ask them to release the vehicle or explain why they are holding it.
Can I sue for emotional distress or lost wages because my car was towed?
In small claims court, you can only recover the actual costs you incurred: the tow fee, storage charges, and any direct expenses caused by the tow. You cannot recover damages for emotional distress, lost wages, or inconvenience. However, if the towing company's actions were particularly egregious — for example, they towed your car and then lost it — you may have grounds for a larger lawsuit in civil court, which would require a lawyer.