After a car accident, what is a tow truck company’s obligation to return a car and the personal property inside of it?

My son was in a accident almost a year ago. The tow company put his car in their yard. We went there the very next day and tried to have the car towed to my home. However, the towtruck company would not allow us, as they claimed there was an ongoing investigation. We were not allowed to remove his personal property either. They waited almost 4 months, then wanted an alarming amount of money because they could not collect from my insurance company. They wanted payment or the title; my son gave them the title but they still filed a lien. What can be done about this? I paid the $273 so I could renew my car tags. This is wrong what they have done and I will mot let it go.

Asked on February 4, 2013 under Accident Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What the tow company did was illegal. If it is indeed subject to an ongoing investigation, you needed to contact the police to have it released. The tow company would have had no obligation to you. You should contact the agency who regulates tow companies if there is one in your state or the state attorney general. Demand in your complaint for the return of your monies, the vehicle and the contents or the worth of the contents if they have been stolen.

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