The Common Law

There are few things more aggravating than having your car towed, especially when you think it was towed for no legitimate reason. Here are the basics on how the law treats towing cars.

For starters, keep in mind that there does not always have to be a sign for your car to be towed. If you park in a way that obstructs traffic, blocks entry or exit ways, or in specifically designated areas where you don't belong (i.e., a fire zone or disabled parking areas) you can and probably will find yourself walking home.

Assuming none of these situations apply, your car can still be towed if proper signs were posted in the parking lot. Texas law is very specific about both the location and appearance of towing signs. The signs must be clearly posted at a height between 5 to 8 feet and at the entrance of the parking lot or at noticeable intervals within the parking lot. The sign itself must be at least 18 inches wide and 24 inches tall, must show the international symbol for towing vehicles, and leave a phone number that allows you to locate the vehicle. The sign must state who can park in the lot and the days and hours of towing enforcement along with the phrase "Unauthorized Vehicles Will Be Towed at Owner or Operator's Expense." The law even requires the letters on the sign to be a certain size (at least 1-2 inches) with varying red and white colors.

You may want to double-check the sign to see if it complies with these requirements. If the sign does not comply with the law then either the parking lot owner or towing company improperly towed you. In this case, you can legally seek to recover the towing and storage fees you paid along with any damages that may have occurred from removal or storage of the car. Chances are that you will have to file a claim in small claims court to get your money back. Be sure to save all receipts and take pictures of the sign in case you decide to file a claim.