“My car was towed what are my rights” is a common question that a lawyer for illegal towing from Whitney, LLP helps with.  When dealing with illegal towing in Maryland, victims of illegal towing often do not realize that Maryland towing law provides strict requirements and penalties for towing companies.

Because individual cities and counties in Maryland can also apply their own local towing laws, the answer to that question will depend on where the tow occurred.

Some towing companies routinely violate towing laws, causing consumers to be illegally towed from apartments complexes, businesses, restaurants and other parking lots and garages.

Fortunately, victims of illegal towing may be able to recover their actual damages and towing fees.

If you are looking for a lawyer for illegal towing in Maryland, Whitney, LLP may be able to help.

Call Whitney, LLP at 410 583 8000, or use our Quick Contact Form, to discuss your potential case.

My Car was Towed What are My Rights?

Victims of illegal tows from Maryland parking lots and garages may be able to recover more than just their out-of-pocket costs related to the tow and towing fees.

If you car was illegally towed, you may be able to recover three times the amount that you were charged in towing fees.

Maryland Towing Law Requirements

The Maryland Tow Act, Md. Code Ann., Transp. § 21-10A-01,et seq., sets forth the law that towing companies must comply with in Maryland when towing vehicles from parking lots.

Some highlights of the Maryland Towing Law are as follows:

Photograph and Statement Required Before Towing

Before towing or removing the vehicle, shall have authorization of the parking lot owner which shall include:

(i)  The name of the person authorizing the tow or removal;

(ii)  A statement that the vehicle is being towed or removed at the request of the parking lot owner; and

(iii)  Photographic evidence of the violation or event that precipitated the towing of the vehicle;

Maryland Tow Law for Parking Lot Signs

(1)  Are at least 24 inches high and 30 inches wide;

(2)  Are clearly visible to the driver of a motor vehicle entering or being parked in the parking lot;

(3)  State the location to which the vehicle will be towed or removed and the name of the towing company;

(4)  State that State law requires that the vehicle be available for reclamation 24 hours per day, 7 days per week;

(5)  State the maximum amount that the owner of the vehicle may be charged for the towing or removal of the vehicle; and

(6)  Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vehicle by its owner or the owner’s agent.

Police Must Be Notified Within 1 Hour After the Tow

A person who undertakes the towing or removal of a vehicle from a parking lot must:

Shall notify the police department in the jurisdiction where the parking lot is located within 1 hour after towing or removing the vehicle from the parking lot, and shall provide the following information:

(i)  A description of the vehicle including the vehicle’s registration plate number and vehicle identification number;

(ii)  The date and time the vehicle was towed or removed;

(iii)  The reason the vehicle was towed or removed; and

(iv)  The locations from which and to which the vehicle was towed or removed;

Shall provide 24-7 Access to Vehicle Towed from Parking Lot

The towing company provide the owner of the vehicle or the owner’s agent immediate and continuous opportunity, 24 hours per day, 7 days per week, from the time the vehicle was received at the storage facility, to retake possession of the vehicle.

No Kickbacks to the Property Owner or Manager for the Tow

Maryland law does not allow towing companies to pay kickbacks or referral fees in exchange for towing a car from the premises.

Drop Fee At Parking Lot Must Be Offered

Before a vehicle is removed from a parking lot, a tower who possesses the vehicle shall release the vehicle to the owner or an agent of the owner:

(1)  If the owner or agent requests that the tower release the vehicle;

(2)  If the vehicle can be driven under its own power;

(3)  Whether or not the vehicle has been lifted off the ground; and

(4)  If the owner or agent pays a drop fee to the tower in an amount not exceeding 50% of the cost of a full tow.

Towing Company Must Accept Credit Cards

The tow company may not insist on payment in cash

Each County and City May Set Stricter Towing Laws

The Maryland Towing Act also provides that a local authority may adopt more stringent laws or regulations governing the activities of towers.

For example, Baltimore County Towing Laws impose different and additional requirements that that towing companies often fail to comply with.

Baltimore City and Montgomery County are other local governments that have enacted their own towing regulations.

When answering the question my car was towed what are my rights, the answer will depend on where your car was towed from.

Baltimore County Towing Laws

Baltimore County’s such towing laws are set forth in the Baltimore County Code, 21-16-118  which strictly regulates the practice of towing vehicles from private parking lots.

• For example, Baltimore County Towing Laws require that before a tower can remove a vehicle from a parking lot or garage for which they are charging a fee, the tower must:

1. have written authorization from the  parking lot or garage owner, or their agent,
2. the name of the person authorizing the tow, and
3. a written statement that the vehicle is being towed or removed at the request of the parking lot or garage owner, or their agent.

Baltimore County’s towing laws for the removal of vehicles from parking lots and garages is as follows:

• 21-16-118. SAME – RIGHTS, DUTIES, AND OBLIGATIONS.

(a)       Requirements for trespass towers. A person who undertakes trespass towing:

(1)       May not charge the owner of the vehicle:

(i)        More than the fee approved by the Department for the service provided; or

(ii)       Except as provided in § 16-207(f)(1) of the Commercial Law Article of the Annotated Code of Maryland, more than $8 per day for storage;

(2)       Shall maintain a record in its ordinary course of business of every tow made under this title and shall retain the record for a minimum of 2 years and shall make available in a reasonable time and manner, for inspection by the Police Department or by the Department of Permits, Approvals and Inspections, its records kept in the ordinary course of business under this title;

(3)       Subject to paragraph (4) of this subsection, shall:

(i)        Immediately notify the Baltimore County Police Department and shall notify the Department of Permits, Approvals and Inspections within one business day after towing or removing the vehicle from the parking lot or garage; and

(ii)       Provide a second notification to the Police Department and the Department of Permits, Approvals and Inspections if the vehicle is not reclaimed within 72 hours;

(4)       In each notification required under this subsection, shall provide the following information:

(i)        A description of the vehicle including the vehicle’s registration plate number and vehicle identification number;

(ii)       The date and time the vehicle was towed or removed:

(iii)     The reason the vehicle was towed or removed; and

(iv)      The locations from which and to which the vehicle was towed or removed;

(5)       Before towing or removing the vehicle, shall have written authorization of the parking lot or garage owner or operator or the owner or operator’s agent, which shall include:

(i)        The name of the person authorizing the tow or removal; and

(ii)       A statement that the vehicle is being towed or removed at the request of the parking lot or garage owner or operator or the owner or operator’s agent;

(6)       Shall make available for inspection by the Police Department or by the Department of Permits, Approvals and Inspections those motor vehicles that remain impounded or stored in the storage or repair facility of the towing service;

(7)       Shall obtain a surety bond in the amount of $20,000 to guarantee payment of any liability incurred under this title;

(8)       May not employ individuals commonly referred to as “spotters”, whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding;

(9)       May not pay any remuneration to the owner of the parking lot or garage or to the agent of the owner;

(10)    May not charge a vehicle owner or agent or operator any fee for the services of a property owner’s agent; and

(11)    May not charge the full approved trespass towing fee for incomplete tows.

(b)       Incomplete tows. If a vehicle owner returns to the vehicle at any time after the vehicle is attached to the tow truck but before it is towed from the parking lot or garage, the trespass tower must release the vehicle to the owner if the owner pays a release fee which shall be no more than one-half the approved towing fee had the vehicle been towed to the approved storage lot.

(c)       Occupants.

(1)       A trespass tower may not lift a vehicle if there is any person in the vehicle at the time the vehicle is initially attached to the tow truck, and the vehicle may not be moved from the parking lot or garage.

(2)       A release fee no more than one-half the approved towing fee had the vehicle been towed may be charged.

(d)       Blocking vehicles. A trespass tower may not block an unauthorized vehicle with a tow truck to obtain payment from the vehicle owner before attaching the vehicle to the tow truck.

(e)       Refusal to obey police officer. The owner or occupant of a vehicle that is the subject of a tow who refuses to obey an on-duty police officer who orders any occupant to exit the vehicle in order that the vehicle may be towed is guilty of a misdemeanor.

Towson Illegal Towing

Illegal towing in Towson, Maryland occurs very often, leaving victims to wonder, my car was towed what are my rights?

Students of Towson University and Goucher College are often the victims of towing companies.

Due to the lack of necessary parking, students often are faced with a choice between either missing class or being late for class, or, parking where ever they can find a spot.

Towing companies in Towson have contracts with most owners and operators of parking lots, and are always ready to make money towing a vehicle.

A lawyer for illegal towing in Towson can help you recover compensation for illegal tows.

Illegal Towing in Towson can occur at:

• schools,
• Towson University,
• Goucher Colleges,
• local government parking lots,
• parking lots controlled by home owner’s associations,
• parking garages,
• apartment complexes,
• malls,
• shopping centers, and
• other entities and businesses with parking lots or garages.

Victims of illegal towing in Towson can use an illegal towing lawyer to help fight back.

Compensation for Illegal Towing

Victims of illegal tows in Maryland have the right to bring legal action and recover their damages.

A lawyer for illegal towing can help victims of illegal tows potentially recover:

1. Actual damages.
   1. Actual damages may include
      1. actual amount of money lost or spent as the result of the illegal tow or illegal actions;
      2. lost wages if work was missed because of the illegal tow;
      3. other actual losses.
2. Triple the amount of the fee paid to retake possession.
   1. For example, if you paid a $250 fee to recover your car, and the tow company did not comply with the law, you can recover $750.

Lawyer for Illegal Towing in Maryland

If you are looking for an illegal towing lawyer, or wondering, “my car was towed what are my rights”, Whitney, LLP’s attorneys have experience helping victims of illegal towing.

Whether you were towed from your apartment complex, towed while out to eat, towed while attending class, or towed while at work or visiting a friend, you have legal rights.

Predatory towing companies are required to follow the law when towing vehicles.  When they do not follow the law, they can be held responsible.

Whitney, LLP offers a free legal consultation to victims of illegal towing in Maryland.  You will need to provide a copy of your towing receipt, if you were given one, and the address from where you were towed.  Taking a photograph of any towing signs from where you were towed is also helpful to evaluate the ability to recover compensation.

Call Whitney, LLP at 410 583 8000, or use our Quick Contact Form, to discuss your potential case.