If your vehicle was towed in San Diego, you have specific rights under California law. The towing company has to make the vehicle available during business hours, has to take a credit card or cash, and can’t invent fees that aren’t on the posted rate sheet. And you can dispute a tow you believe was illegal, through a poststorage hearing that has a short deadline.

Quick Tow SD has handled towing across all 67 cities in San Diego County since launch. We’re writing this guide because the single most common call we get is from drivers who don’t know what they’re allowed to do after a tow. Most of them are paying fees they shouldn’t be paying. So here’s the plain-English version of California Vehicle Code 22658 (the private property tow law) plus the City of San Diego’s published guidance, with what to do at each step.

Quick action if your car was just towed: call (858) 923-5787. We don’t do impound retrievals, but our dispatch can usually tell you which yard a vehicle was taken to and walk you through which charges are worth questioning.

A driver standing next to a tow truck in San Diego with their phone out, reading a tow notice.

TL;DR

  • CVC 22658 sets no dollar cap on tow or storage fees. It treats a charge as excessive when it exceeds what the local law enforcement agency would have been charged for the same job. That’s the comparison to make.
  • Vehicles must be available for release Monday through Friday, 8 a.m. to 5 p.m., except state holidays, and the yard must accept a valid bank credit card or cash. Cash-only isn’t compliant.
  • Released within 24 hours, you can only be charged one day of storage. An after-hours gate fee is capped at one-half the hourly tow rate.
  • A private property tow needs one of the four grounds in CVC 22658(a), written authorization, and law enforcement notice within one hour of authorization. If the section was violated, you may be able to recover four times the amount of the charges involved.
  • For police-initiated tows (DUI, expired registration, accidents), the rules are different, release usually requires a release form from SDPD plus proof of valid registration and insurance.
  • You have 10 days from the date on the notice to request a poststorage hearing. That’s a short window, so act quickly.

Why was my car towed?

Two main categories. The rules are different for each.

Police-initiated tow. SDPD or CHP ordered the tow. This usually happens after an accident, a DUI arrest, expired registration past 6 months, an unlicensed driver, or a vehicle abandoned in a public-safety hazard. To retrieve, you’ll typically need a release form from the agency that ordered the tow plus current registration and a valid driver’s license. Process is documented on the San Diego Police impound page.

Private property tow under CVC 22658. Apartment complex, HOA, retail parking lot, or shopping center had your vehicle towed. To be legal, the property needed one of the four grounds in CVC 22658(a), usually compliant signage at all entrances. The tow needed written authorization from the property owner or their agent, who generally has to be present and to have verified the violation. And the local traffic law enforcement agency had to be notified within one hour of the tow being authorized.

How do I find my towed car in San Diego?

Three ways:

  1. Call SDPD non-emergency at (619) 531-2000. Give them your license plate; they can tell you if a police-initiated tow was logged.
  2. Call the property where the tow happened (apartment, HOA, mall). They should have the tow company’s name on file.
  3. Call us at (858) 923-5787. We know most of the operating tow yards across SD County and can help you locate where your vehicle was likely taken, even if we didn’t tow it.

If none of those work, your vehicle may not have been towed, it may have been stolen. File a stolen vehicle report at SDPD immediately.

What can a tow company charge me in California?

Here’s the part most guides get wrong: California does not publish a dollar cap for private property tows. If you’ve seen a specific figure quoted as “the legal maximum,” treat it with suspicion.

What CVC 22658 actually does:

  • Excessive charges are defined by comparison. Subdivision (i) treats a charge as excessive when it exceeds what the law enforcement agency with primary jurisdiction over that location would have been charged for the same tow or storage. So the useful question is what the local agency’s approved rate is, not what a blog says the cap is.
  • Storage, if released within 24 hours: only one day may be charged.
  • Gate fee for after-hours release: capped at one-half of the hourly tow rate charged for the original tow.
  • Payment: the yard must accept a valid bank credit card or cash.
  • Lien sale fee: applies after 30 days under Civil Code 3068.1.

A yard that isn’t posting its rate schedule where the public can see it is worth raising at the hearing, along with any line item that isn’t on that sheet.

Note: Police-initiated tows follow a different fee structure set by the City and the contracted tow rotation operators. Those fees are published on the SDPD impound page.

When does the tow company have to release my car?

CVC 22658 doesn’t set a one-hour clock on handing the car back once you show up, and you may have read that it does. What it does require is availability: the vehicle has to be available for release during normal business hours, Monday through Friday, 8 a.m. to 5 p.m., except state holidays. Many yards run broader hours than that.

They also have to accept a valid bank credit card or cash, so cash-only isn’t compliant. And they can’t charge line items that aren’t on the posted rate sheet.

If they refuse to release, file a complaint with both:

  • The California Bureau of Automotive Repair (for licensing complaints)
  • SDPD non-emergency at (619) 531-2000

Document the refusal in writing, with times, and raise it at the poststorage hearing.

What if my car was towed illegally from private property?

CVC 22658 lays out exactly when a private property tow is legal:

  • The property needed one of four alternative grounds: compliant signage, a parking violation notice issued 96 or more hours earlier, an inoperable vehicle 24 or more hours after law enforcement was notified, or a lot improved with a single-family dwelling
  • Signs must be at least 17 by 22 inches with lettering at least 1 inch high, in plain view at all entrances, carrying the local traffic law enforcement phone number plus the name and number of each tow company under written agreement with the property
  • The property owner or their agent must authorize each tow in writing, and generally must be present at the time of removal and have verified the violation. The narrow exception is a residential rental of 15 or fewer units with no onsite staff, where a tenant verified and requested the tow from their own assigned space
  • A tow company can only act on standing authorization at its own discretion for vehicles within 15 feet of a hydrant, in a fire lane, or blocking an entrance or exit
  • Local traffic law enforcement must be notified within one hour of the tow being authorized

There’s no general waiting period in CVC 22658. The one-hour rule people cite is CVC 22953, it applies to property held open to the public for free parking, and it expressly exempts residential parking. If you were towed from an apartment or HOA lot, that isn’t your argument.

If the section was violated, CVC 22658 provides for civil liability of four times the amount of the charges involved, and a violation can carry a fine of up to $2,500.

How to dispute an illegal tow

  1. Take photos immediately when you arrive to recover the vehicle, signage (or lack of it), where the vehicle was parked, the location relative to the signage.
  2. Get a written tow receipt. The tow company must provide one showing the time of removal, location, authorizing party, fees, and storage facility.
  3. Request a poststorage hearing, fast. Under CVC 22852 the request must be made within 10 days of the date appearing on the notice, and the hearing is then conducted within 48 hours of the request, excluding weekends and holidays. Ten days is the real deadline, so don’t sit on it.
  4. File a complaint with the Bureau of Automotive Repair at https://www.bar.ca.gov.
  5. Consider small claims court for damages under $10,000, or consult an attorney for higher claims.

What about predatory tow companies?

San Diego has seen multiple investigations into predatory tow operators in the past five years. Common predatory patterns:

  • Towing from lots without legal signage and hoping you don’t notice
  • Charging fees not on the posted rate sheet
  • Refusing release without “additional” cash payments
  • Damaging vehicles during tow and refusing to acknowledge

If you suspect a tow operator is operating predatorily, document everything (photos, receipts, names, license plate of the tow truck), file complaints with the Bureau of Automotive Repair AND SDPD, and post your documented experience on review platforms. Predatory operators rely on driver confusion. Documented complaints shut them down.

Quick Tow SD’s pricing standard

We mention this because it’s a category-wide problem and we operate differently:

  • Flat-rate quotes given up front, before any work begins
  • No bait-and-switch on arrival
  • Posted rate sheet for all standard tow types
  • 24/7 live dispatch, a real person answers and tells you a real ETA
  • Average 30–45 minute arrival countywide
  • Bilingual English / Spanish

Call (858) 923-5787 anytime. We’ll quote honestly even if we can’t be the cheapest option.

Frequently asked questions

How long does a tow company have to hold my car before they can sell it?

Under California Civil Code section 3068.1, a tow operator can begin lien sale procedures after 30 days of storage if the registered owner hasn’t paid the fees and recovered the vehicle. Once the lien sale process begins, you have additional rights to redeem the vehicle by paying the full balance plus lien sale costs.

Can a tow company charge a “release fee” or “administrative fee”?

Only if the fee is on their posted rate schedule. If a fee isn’t visibly posted at the storage facility, they generally can’t charge it. One firm rule to check: an after-hours gate fee is capped at one-half of the hourly tow rate charged for the original tow. Dispute unposted or inflated line items specifically at the poststorage hearing.

What if the tow happened from a handicap-accessible parking spot I was legally using?

If you have a valid disabled placard properly displayed and you were parked in a designated accessible space, a tow under CVC 22658 is generally unlawful. Document the placard display in photos, request the poststorage hearing, and pursue damages.

Do I have to pay before they release the vehicle?

Yes, under most circumstances, the tow company can require payment of legal fees before releasing the vehicle. However, payment does NOT waive your right to dispute the fees at a poststorage hearing or in court. Pay under protest, get the vehicle back, then pursue the dispute. Your loose personal belongings are different: under CVC 22851(b) the yard must release those free during business hours, even before you pay. See can a tow company keep your belongings.

Can I file an insurance claim for an illegal tow?

Most personal auto policies do not cover towing fees, but if your vehicle was damaged during an illegal tow, comprehensive coverage may apply. Separately, CVC 22658 provides for civil liability of four times the amount of the charges involved where the section was violated.

Last updated: July 30, 2026.

Need help right now? Call Quick Tow SD at (858) 923-5787. The line is answered 24/7 across all 67 SD County cities.

This article is general guidance, not legal advice. For specific legal questions about your tow, consult a California attorney or contact the California Bureau of Automotive Repair.

Official sources