California Towing Laws: Your Rights When Getting Towed (2026)
Getting towed in San Diego County can be frustrating and expensive, but California law provides specific protections for vehicle owners. Whether your car was towed from a private parking lot in Pacific Beach, impounded after a traffic stop on I-5, or removed from a street sweeping zone in North Park, you have legal rights regarding fees, notification, and retrieval. This guide explains the state regulations governing towing operations, maximum allowable charges, required notifications, and the steps you can take if you believe your vehicle was towed illegally. Understanding these laws can save you hundreds of dollars and significant stress.
Maximum towing fees in California
California Vehicle Code Section 22651 and related statutes establish maximum rates that towing companies can charge for nonconsensual tows, though these limits vary by tow type and jurisdiction. For police-authorized tows from accidents or traffic violations, the state sets a base maximum of approximately $185 for the initial hookup and tow, with additional mileage fees typically capped around $4.50 per mile beyond the first authorized distance. Storage fees are generally limited to roughly $60-$75 per day for passenger vehicles at impound yards. These rates are adjusted periodically by the California Highway Patrol and individual cities, so current maximums may be slightly higher.
San Diego County jurisdictions often adopt their own fee schedules within state guidelines. The City of San Diego, for instance, maintains a published rate schedule for police-ordered tows that towing companies on the city's rotation list must follow. If your vehicle is towed from downtown San Diego or Mission Valley after being cited for parking violations, you should expect fees in the $200-$350 range for the tow itself, plus daily storage. Chula Vista, Oceanside, and other incorporated cities maintain similar schedules.
Private property tows operate under different rules. While California Civil Code Section 22658 governs private property impounds, it doesn't set strict price caps the way police-ordered tows do. However, fees must be "reasonable," and many San Diego towing companies charge $250-$400 for private property tows from apartment complexes or shopping centers. The lack of strict price controls on private property tows makes it especially important to understand your rights and verify that proper signage and notification requirements were met.
Additional fees such as gate fees (typically $50-$75), after-hours release fees, and administrative charges may apply, but these must be disclosed and cannot be arbitrarily inflated. If you're charged significantly above typical San Diego rates—for example, $600 for a standard tow from a Mission Beach parking lot—you have grounds to question the charges and file a complaint with the local police department or the California Bureau of Automotive Repair.
Notification requirements
California law imposes strict notification requirements on towing companies to ensure vehicle owners can locate and retrieve their property quickly. Under Vehicle Code Section 22852, towing companies must notify local law enforcement within one hour of completing a tow, providing the vehicle's make, model, license plate, and storage location. This creates a retrievable record when owners call police departments to locate their vehicles. The San Diego Police Department, San Diego Sheriff's Department, and California Highway Patrol all maintain databases of reported tows that owners can access by calling non-emergency lines.
For private property tows specifically, Civil Code Section 22658 requires property owners to post clearly visible signs meeting specific size, font, and content requirements. These signs must be at least 17 by 22 inches, display one-inch lettering, and include the towing company's name and 24-hour phone number. In areas like the Gaslamp Quarter or La Jolla Shores where private parking enforcement is common, these signs must be posted at each entrance to the property. If proper signage is absent or inadequate, the tow may be considered invalid.
Within 48 hours of towing a vehicle, the towing company must submit a written report to local authorities. For vehicles towed from private property, the towing company must also notify the registered owner and any lienholders within two business days by certified mail. This means if your car was towed from an apartment complex in Hillcrest on Monday, you should receive written notification by Thursday or Friday. However, this requirement doesn't prevent the daily storage fees from accumulating, so vehicle owners should proactively search for their vehicles rather than wait for mail notification.
When a vehicle is towed from private property, the property owner must maintain records including authorization for the tow, the reason, and photographs of any violations (such as parking in a fire lane or blocking access). These records must be kept for three years and made available to the vehicle owner upon request. If you were towed from a Pacific Beach apartment complex or a Convoy District shopping center, you have the right to request these documents to verify the tow was legitimate.
Police-ordered tows
Police-ordered tows occur when law enforcement authorizes vehicle removal for reasons including DUI arrests, expired registration over six months, blocking traffic, evidence holds, or abandoned vehicles. These tows are governed by Vehicle Code Section 22651, which specifies the exact circumstances under which officers may authorize removal. Common scenarios in San Diego County include vehicles towed after accidents on I-8 or SR-163, cars impounded during DUI checkpoints in areas like Pacific Beach or Downtown, and vehicles blocking street sweeping routes in neighborhoods like Normal Heights or City Heights.
When California Highway Patrol or local police order a tow, they must use authorized towing companies that have contracted with the jurisdiction and agreed to maximum fee schedules. The San Diego Police Department maintains a rotation list of approved towers, and officers must follow this rotation to prevent favoritism and ensure rate compliance. The towing company must provide the vehicle owner with a detailed receipt showing all charges, the authority for the tow (typically the officer's name and badge number), and information about retrieval.
Certain police-ordered impounds carry mandatory hold periods. DUI impounds in California typically require a 30-day hold before the registered owner can retrieve the vehicle, though a co-owner or lienholder may be able to retrieve it sooner. Vehicles towed for expired registration or unpaid parking tickets may be released immediately upon payment of fees and resolution of the underlying violation. If your vehicle was towed from the Gaslamp Quarter after multiple unpaid parking citations, you'll need to pay those citations plus towing and storage fees before retrieval.
Vehicle owners have the right to request a post-storage hearing to challenge the validity of a police-ordered tow. This hearing, sometimes called a "Vehicle Code 22852 hearing," must be requested within 10 days of receiving notice of the stored vehicle. The hearing examines whether the tow was legally justified and whether proper procedures were followed. If you prevail, the city or county may be required to reimburse your towing and storage costs. These hearings are particularly relevant for questionable tows, such as vehicles removed for street sweeping in areas where signage was unclear or temporarily obscured.
Private property tows (lien sales)
Private property tows are among the most contentious in California, as they involve property owners enforcing parking rules on apartment complexes, shopping centers, business lots, and homeowner associations. Civil Code Section 22658 strictly regulates these tows, requiring property owners to post conspicuous signs warning of towing enforcement at all vehicle entrances. In San Diego neighborhoods like Point Loma, Clairemont, and Mira Mesa, where apartment complexes frequently enforce assigned parking, these signs must meet exact specifications regarding size, letter height, and content.
Before authorizing a tow from private property, the property owner or manager must personally authorize each individual tow—blanket authorizations are not sufficient. The person authorizing the tow must have witnessed the violation or have photographic evidence. For example, if your vehicle is towed from a Kearny Mesa shopping center for parking overnight, the property manager should have documentation of when your vehicle arrived, how long it remained, and evidence that posted time limits were clearly visible. Without this documentation, the tow may be challengeable.
Vehicles towed from private property must be taken to a storage facility within a 10-mile radius of the tow location, and that facility must allow owner access 24 hours a day, including weekends and holidays. This is particularly important in sprawling San Diego County, where a vehicle towed from somewhere like Rancho Bernardo or Carmel Valley must be stored relatively nearby—not in a distant facility in Spring Valley or National City. The towing company must accept payment by cash, debit card, or credit card (though they may charge a processing fee for cards).
If a towed vehicle remains unclaimed, the towing company may eventually apply for a lien sale, but this process has strict requirements. The registered owner and all lienholders must receive multiple certified mail notices over a period of months before a lien sale can proceed. The vehicle cannot be sold until at least 30 days after the final notice. During this period, the owner retains the right to reclaim the vehicle by paying accumulated fees. Understanding these timelines is critical if your vehicle was towed from a property in areas like College Area or Allied Gardens and you're unable to immediately pay retrieval fees.
Your rights as a vehicle owner
California law provides vehicle owners with several important rights when their car is towed. First, you have the right to retrieve personal property from your vehicle even if you cannot afford to pay the towing and storage fees. Under Vehicle Code Section 22658, the storage facility must allow you access during normal business hours to remove items like clothing, medical devices, identification documents, and other personal belongings—though not vehicle parts or equipment. If your car was towed from Little Italy or Ocean Beach and is being stored in a facility near the Sports Arena, you can retrieve your laptop, phone charger, or child safety seat without paying the full release fee.
You also have the right to pay with a credit card for towing and storage fees, and the facility cannot require cash-only payment. While towing companies may charge a small credit card processing fee (typically 2-3%), they cannot refuse card payment entirely. This right is particularly important when facing unexpected towing fees of $400-$600, which many people don't carry in cash. The facility must also provide an itemized invoice showing exactly what you're being charged for—towing, mileage, daily storage, gate fees, and any other costs.
Vehicle owners have the right to inspect the towing company's authorization for private property tows. If your vehicle was removed from an apartment complex in Serra Mesa or a business lot in Sorrento Valley, you can demand to see the written authorization from the property owner, photographs of the violation, and evidence that proper signage was posted. The towing company must produce these documents, and failure to do so may indicate an illegal tow.
Additionally, you cannot be charged storage fees for any period during which you were denied access to retrieve your vehicle. If you arrive at the impound yard during posted business hours and are told to return later, or if the facility is closed despite claiming 24-hour access, those hours cannot be included in your storage charges. Similarly, if the towing company failed to properly report the tow to police within the required one-hour window, preventing you from locating your vehicle promptly, you may have grounds to challenge some storage fees.
How to dispute an illegal tow
If you believe your vehicle was towed illegally or that you were overcharged, California law provides several avenues for dispute. The first step is to document everything: photograph the location where your car was parked, any signage (or lack thereof), and obtain a complete itemized receipt from the towing company. If your vehicle was towed from a location in Bankers Hill, University Heights, or any San Diego neighborhood, take photos of the parking area, posted signs, and curb markings. Request copies of the tow authorization, the officer's report (for police-ordered tows), or the property owner's authorization (for private property tows).
For police-ordered tows, you can request a post-storage hearing through the agency that authorized the tow—typically the San Diego Police Department, Sheriff's Department, or California Highway Patrol. This request must usually be made within 10 days of being notified that your vehicle was towed. At the hearing, you can argue that the tow was unjustified, that proper procedures weren't followed, or that the vehicle wasn't actually violating any laws. If the hearing officer rules in your favor, you may be reimbursed for all towing and storage costs. These hearings are conducted informally but require clear evidence supporting your position.
For private property tows, your dispute options include filing a complaint with the local police department, contacting the California Bureau of Automotive Repair, or pursuing the matter in small claims court. The San Diego Police Department's Traffic Division handles complaints about towing companies operating within city limits. If the tow violated Civil Code Section 22658—for example, inadequate signage at a North Park apartment complex or a tow completed without proper authorization—the police may investigate and potentially cite the towing company. The Bureau of Automotive Repair can also investigate licensed towing companies for violations of state law.
Small claims court is often the most effective remedy for illegal tows or excessive fees. In California, you can sue for up to $10,000 in small claims court without an attorney. If you can demonstrate that a towing company violated state law—such as towing your vehicle from a Mission Hills street without proper signage, charging fees above the legal maximum, or refusing to release personal property—you can seek reimbursement of all fees plus additional damages. Bring all documentation, photographs, and receipts to court. Many towing companies will settle before a court date if presented with strong evidence of violations, as they risk losing their licenses for repeated infractions.
Frequently asked questions
How much can a towing company legally charge in California?
For police-ordered tows, California sets maximum rates typically around $185-$200 for the initial tow plus $4.50 per mile and $60-$75 daily storage for passenger vehicles. Private property tows aren't subject to strict price caps but must charge "reasonable" fees, typically $250-$400 for the tow in San Diego County. Cities may set their own maximum rates for police-authorized tows.
Can my car be towed from private property without notice?
Your car can be towed from private property without individual advance notice if proper warning signs are posted at all entrances meeting California's size and content requirements (17x22 inches with one-inch lettering). However, the towing company must notify police within one hour and send you written notice within 48 hours. Without proper signage, the tow may be illegal.
What are my rights if my car is impounded?
You have the right to retrieve personal belongings without paying the full release fee, pay with a credit card, receive an itemized invoice, and access the facility during all posted hours. You can also request a post-storage hearing within 10 days to challenge the legality of the tow, and you cannot be charged storage fees for periods when you were wrongly denied access to your vehicle.
How quickly must a towing company notify me?
Towing companies must notify local law enforcement within one hour of completing the tow so you can locate your vehicle. For private property tows, they must send written notice to the registered owner and lienholders within two business days by certified mail. However, you shouldn't wait for this notice—contact local police immediately to locate your vehicle and minimize storage fees.
This article is regularly updated to reflect changes in service availability, pricing, and customer feedback. Last reviewed April 7, 2026. See our methodology for how we evaluate towing companies.