After a car accident, the last thing you want to deal with, on top of injuries, insurance claims, and vehicle damage, is a surprise bill for towing and storage fees. Unfortunately, many Texas drivers find themselves overwhelmed by unexpected charges that can quickly add up to hundreds or even thousands of dollars. At JML Injury Law, we’ve helped countless clients navigate the legal and financial aftermath of auto accidents, and towing/storage fees are an issue that deserves more attention.
We’ll break down everything you need to know about towing and storage charges after an accident in Texas, from your rights and responsibilities to how these fees can impact your personal injury claim.
What Are Towing and Storage Fees After a Car Accident?
When your vehicle is damaged in a crash and becomes inoperable or unsafe to drive, it is typically towed from the scene, either by a tow company called by law enforcement or a service you arrange yourself. If your car isn’t picked up right away, it’s stored in a vehicle storage facility (VSF) until your insurance company or a repair shop retrieves it.
Common Fees You Might Incur
- Towing fee: A flat-rate fee based on distance, vehicle type, and conditions (e.g., night towing, winching)
- Daily storage fee: Charged per day your vehicle remains in the lot
- Administrative fee: For processing paperwork or lien notices
- Notification fee: If the tow yard sends letters to inform you about your vehicle
These fees are regulated under Texas law, but that doesn’t stop some companies from overcharging or adding questionable surcharges.
Texas Law on Towing and Storage Fees
Vehicle Storage Facility (VSF) Regulations
In Texas, the Texas Department of Licensing and Regulation (TDLR) oversees rules governing how much towing companies and storage facilities can charge. These rules include:
- Towing fee limits based on region and tow type
- Storage facility requirements to post rates clearly
- Mandatory notification: Facilities must notify you within 5 days of receiving your vehicle
If a facility fails to comply with these requirements, you may be eligible to challenge the fees.
Your Right to a Tow Hearing
Under Texas Occupations Code § 2308.458, if you believe you were overcharged for towing or storage, you have the right to request a “Tow Hearing” through the local justice court within 14 days of receiving the notice from the storage facility.
At JML Injury Law, we often help clients request these hearings as part of their broader personal injury case, especially when unreasonable fees are delaying access to their vehicle or insurance resolution.
Who Pays Towing and Storage Fees After an Accident?
This question comes up often, and the answer depends on who was at fault and what kind of insurance coverage you or the other driver carries.
If You Were At Fault
If you’re determined to be at fault, you or your insurer may be responsible for the towing and storage charges. However, if you carry collision coverage, these fees are often covered, subject to your deductible.
If the Other Driver Was At Fault
If the other driver was at fault, their liability insurance should pay for:
- Towing costs
- Reasonable storage fees
- Vehicle repairs or replacement
Important: Insurance companies only pay for storage costs up to a “reasonable” time frame, usually until they make an offer to total the vehicle or authorize repairs. If you delay communication or the retrieval of the vehicle, you may be stuck with additional daily storage charges.
How Towing and Storage Fees Can Affect Your Injury Claim
Delays in Settlements
Insurance adjusters often try to minimize or dispute towing and storage charges, especially if the fees seem inflated or if they believe you didn’t act quickly enough to retrieve the vehicle. These disputes can delay your settlement, including compensation for injuries.
Out-of-Pocket Burdens
If you need medical treatment after a crash but are paying out-of-pocket for storage or towing while waiting for claim approval, it can place a financial burden on you and your family.
At JML Injury Law, we help clients pursue reimbursement for these expenses as part of their overall damages in a personal injury case.
Steps to Take After an Accident to Minimize Fees
To avoid excessive fees and protect your personal injury claim, take the following steps immediately after an accident:
1. Know Where Your Car Is Being Taken
Ask the police officer or tow truck driver where your vehicle is being stored. Get the name, address, and phone number of the storage facility.
2. Contact Your Insurance Company Promptly
Call your insurer the same day, if possible, to report the accident and start the claims process. This enables them to assess the vehicle quickly and limit storage time.
3. Retrieve Personal Belongings Immediately
Texas law allows you to retrieve personal property from a storage lot, even if you haven’t paid fees yet. Take photos and remove valuables to avoid further complications.
4. Move Your Vehicle Quickly
Once you know the status of your vehicle (totaled or repairable), arrange for it to be moved to a repair shop or salvage yard as soon as possible.
5. Keep All Receipts and Invoices
Store every receipt related to the accident, including towing, storage, and any related fees. Your attorney can use these as part of your damages calculation.
Common Towing and Storage Pitfalls (and How to Avoid Them)
Predatory Towing
Some companies patrol accident-prone areas and arrive without being called—then charge outrageous rates. If this happens, request documentation and consider filing a complaint with the TDLR or your local municipality.
Missed Notifications
Facilities are required to notify you within 5 days of receiving your car. If they don’t, they may not be able to legally charge storage for days you weren’t informed.
Disputed Charges
Insurance companies may only pay “reasonable” fees. If your storage bill is excessive, consult with an attorney about requesting a tow hearing or negotiating charges.
How JML Injury Law Can Help
At JML Injury Law, we do more than handle personal injury claims, we also help clients navigate the complex web of towing fees, storage disputes, and insurance battles.
Here’s what we do for our clients:
- Request tow hearings when fees are unreasonable
- Negotiate with insurers for full reimbursement of towing and storage costs
- File claims promptly to avoid additional storage fees
- Gather documentation to prove these charges are part of your total accident-related losses
In many cases, we’re able to recover towing and storage costs as part of a larger personal injury settlement, alongside compensation for medical bills, pain and suffering, lost wages, and property damage.
Frequently Asked Questions
What if I can’t afford to pay the storage fees?
You may be able to challenge the fees through a tow hearing or ask your attorney to request a lien payoff from the insurance company. Don’t ignore the fees, as they accumulate daily.
How long do I have to move my vehicle from storage?
Texas law doesn’t set a hard deadline, but insurers typically only pay for storage up to 5–10 days. After that, you may be responsible for additional fees unless there’s a documented delay.
Can I include towing/storage in my injury settlement?
Yes. At JML Injury Law, we include all accident-related expenses in your settlement demand, including towing, storage, rental car costs, and more.
Protecting Yourself After the Crash
Towing and storage fees may seem like minor inconveniences after a car accident, but they can quickly become financial headaches, especially if you don’t act quickly or aren’t fully informed of your rights. Worse, they can complicate your personal injury claim if insurers delay payment or dispute charges.
At JML Injury Law, we understand that recovery means more than just healing physically; it means restoring your financial stability. If you’ve been injured in a car accident anywhere in Texas, and you’re struggling with towing fees, storage costs, or insurance disputes, we’re here to help.