You walk out to the parking lot. Your car is gone. Your stomach drops.
It happens more than you think. And most people have no idea what their rights are when it happens to them. That’s exactly why this guide exists.
What Is Towing Law?
Towing law covers the rules for when, how, and why a vehicle can be legally removed. It protects both you as a car owner and property owners who need to remove unauthorized vehicles.
South Carolina has a mix of state laws and local rules that govern towing. Honestly, it’s one of those topics where knowing the basics can save you a lot of money and stress.
When Is Towing Legal in South Carolina?
Okay, this part is important.
Not every tow is a legal tow. South Carolina law allows towing in specific situations only.
Your car can be legally towed if it is illegally parked or blocking traffic. It can also be towed if it is abandoned, involved in an accident, or connected to a law enforcement action like an arrest.
Private property owners can also have cars towed. But they must follow specific rules to do it legally. More on that in just a moment.
Private Property Towing Rules
Wondering if a business can just tow your car without warning? Let’s break it down.
South Carolina Code 16-11-760 gives property owners the right to remove unauthorized vehicles from their property. But they cannot just call any tow truck and say “take it.” The rules are strict.
The property owner must give written authorization for the tow. That authorization has to include the vehicle’s make, model, license plate number, and the reason for removal. Without that paperwork, the tow may be considered unlawful.
Here’s where it gets interesting. Towing companies must be licensed and registered with the South Carolina Department of Consumer Affairs before doing private property tows. If the company is not registered, that is another red flag.
Also, if a business or property owner wants to tow cars, they must post clearly visible signs at every entrance. Those signs must warn about towing and list the towing company’s contact information. No sign? That can work in your favor if you dispute the tow.
South Carolina actually has no state law requiring specific sign standards, like minimum size or exact wording. That means sign rules can vary by city or county. Check your local ordinances if you want the exact rules for your area.
Public Property and Law Enforcement Towing
Now, here’s where things get more straightforward.
Law enforcement officers in South Carolina can order a vehicle towed from public roads for many reasons. These include accidents, breakdowns, abandoned vehicles, and arrests.
Under SC Code 56-5-5630, when police order a tow, that is considered a law enforcement tow. Different rules apply compared to private property tows. The towing company must notify police within one hour of completing the tow.
When possible, troopers will ask the driver or owner which towing company they prefer. If you are not available or do not have a preference, the Highway Patrol uses a Wrecker Rotation List for that area.
No trooper is allowed to have a financial interest in any towing company. They are also banned from recommending a specific company while on duty. Pretty straightforward, right?
Abandoned Vehicle Laws
Most people assume this is legal. They find out the hard way. Don’t be one of them.
In South Carolina, a vehicle left on a highway for more than 48 hours can be tagged and removed. A vehicle on public or private property can be tagged and then towed after 7 days from when the tag was placed.
Once tagged by law enforcement, the towing company must notify the local police department or county sheriff within one hour of towing the vehicle.
If you find a colored tag on your car, take it seriously. That tag is legal notice that your car could be towed.
Notification Rules: What the Tow Company Must Tell You
Hold on, this part is important.
After your car is towed, you have the right to know where it is. South Carolina law requires the towing company to notify you in writing.
Under SC Code 56-5-5640, the company must send written notice to the registered owner and any lienholders. This notice must go out within five business days of the tow. It must be sent by certified mail with tracking.
The notice must include the reason for the tow, the location of the impound lot, all fees owed, and instructions for getting your car back.
If the towing company fails to send proper notice, they can lose the right to charge you storage fees beyond a certain period. That is a big deal. It can save you real money.
For law enforcement tows involving stolen vehicles, police must notify the owner within two business days that the vehicle has been recovered.
Your Rights After Your Car Is Towed
You are not alone. This confuses a lot of people.
You have the right to get your personal belongings out of your car. Even if you cannot pay the towing or storage fees yet, you can still access your stuff. SC Code 29-15-10 is clear on this.
The towing company cannot hold your personal property hostage until you pay. The law only gives them a lien on the vehicle itself, not your belongings inside it. You must show proof of identity and vehicle ownership, like your registration card.
There is one catch. Items permanently attached to the vehicle, like a custom stereo wired into the car, are considered part of the vehicle. You cannot claim those separately.
You also have the right to receive a clear list of all fees before you pay. The towing company must accept the same forms of payment they accept for voluntary tows. So if they take credit cards for regular tows, they must take your credit card when you are picking up your towed vehicle.
Fees and Storage Charges
Let’s talk about money, because this is where things can get expensive fast.
Think of storage fees like a hotel bill that starts the moment your car arrives. Every day counts.
Storage fees in South Carolina typically run between $15 and $40 per day. The exact amount depends on the towing company and your location. For law enforcement rotation calls, fees must be reasonable and follow rates approved by the South Carolina Department of Public Safety.
Here is something many people miss. A towing company generally cannot charge you storage fees for the time before they send you the required notice. If they tow your car Monday and do not mail you notice until Friday, they may only be able to bill you storage starting from Friday.
Always ask for an itemized receipt. You are entitled to one. If anything on it looks wrong, put your dispute in writing right away.
If your car is not claimed within 30 days of the notice being sent, it can be declared abandoned. At that point, the towing company can seek to have the car sold at a public auction through a magistrate’s court.
Towing Safety Rules
This one is simple. Every towing vehicle in South Carolina must be connected to the towed vehicle by a safety chain or cable in addition to the main hitch or drawbar. That is required under SC Code 56-5-5150.
The safety connection must be strong enough to keep the cars connected under all conditions during towing. Fifth wheel and kingpin setups, like those used for large trailers, are the only exception to this rule.
Can You Get Your Car Back Without Paying Everything?
Yep, that’s all you need in some cases.
You can retrieve your personal belongings without paying any fees. But to get the vehicle itself back, you will need to pay all towing and storage charges first.
If you believe the tow was illegal or the fees are too high, you have options. Do not just refuse to pay and walk away. That can make things worse. Instead, document everything. Take photos of any signs, or the lack of signs. Write down every conversation. Get names.
You can dispute the charges in writing directly with the towing company. Under SC Regulations 38-600, if the dispute is settled in favor of the towing company, you will owe all charges that built up during the dispute period.
You can also file a complaint with the South Carolina Department of Consumer Affairs. They handle complaints about towing companies and can investigate violations.
What Happens If Towing Is Done Illegally?
So what happens if you break this law or if someone breaks it against you?
Towing companies and property owners who violate South Carolina’s towing laws face civil penalties under SC Code 56-5-2522. These include violations for unauthorized towing, charging excessive fees, or failing to notify the vehicle owner properly.
Personally, I think the notification rules are the most important protections in this whole system. A towing company that skips that step can lose its ability to collect fees. That is a real consequence.
If you believe you were towed illegally from private property, contact the South Carolina Department of Consumer Affairs or speak with a local attorney. You may have grounds to recover your costs.
Special Circumstances: When Your Car Is Stolen
Wait, it gets more complicated when theft is involved.
If your car was stolen and then abandoned, you are still on the hook for towing and storage costs under South Carolina law. That might feel unfair. But the law does allow a court to order the thief to pay restitution for those costs if they are convicted.
The law enforcement agency that ordered the tow must provide your information to the towing company at no cost. That means you should be notified quickly about where your car is.
How to Handle a Tow in South Carolina
Here’s what you need to do if your car gets towed.
First, call the local police non-emergency line or the towing company to find out where your car is. If law enforcement ordered the tow, they should have that information.
Second, ask for a written list of all fees before you pay anything. You are entitled to this.
Third, bring your registration or proof of ownership when you go to pick up your car or your belongings. You will need it.
Fourth, if you think the tow was illegal, document everything before you leave the scene. Photos of the parking area, any signs, and the surroundings can help you later.
Fifth, if you have a dispute, put it in writing. Send it to the towing company in writing and keep a copy.
Trust me, this works. Paper trails protect you in ways phone calls never will.
Frequently Asked Questions
Can a towing company tow my car from a private parking lot without any warning signs?
South Carolina law requires that commercial properties post towing notices at each entrance. If there are no signs, the tow may be considered unlawful, and you should contact the SC Department of Consumer Affairs.
How quickly do I have to pick up my car before fees start building up?
Storage fees generally start accruing after the towing company sends you proper written notice. They typically cannot charge you for days before that notice was mailed.
Can I get my stuff out of my towed car without paying the towing fees?
Yes. South Carolina law gives you the right to access personal property inside your vehicle, even if you have not paid the towing or storage fees yet. Bring proof of identity and vehicle ownership.
What happens if no one claims my towed car?
If your vehicle is not claimed within 30 days of the required notice being sent, it can be declared abandoned and sold at public auction through a magistrate’s court.
Can I choose my own towing company after an accident?
Yes. In most cases, you can request a specific towing company at an accident scene. If you are not available, law enforcement will use the local wrecker rotation list.
Who do I complain to if I think I was towed illegally?
File a complaint with the South Carolina Department of Consumer Affairs. You can also contact a local attorney who handles consumer protection or vehicle disputes.
Final Thoughts
Now you know the basics. South Carolina’s towing laws give you real protections. But you have to know them to use them.
If your car is towed, stay calm, document everything, and ask for itemized fees in writing. Do not assume every tow was legal. And if something feels off, look it up or call a lawyer.
Stay informed. It is literally the difference between paying what you owe and paying way more than you should.
References
- SC Code 56-5-5635: Law Enforcement Towing and Storage Procedures
- SC Code 16-11-760: Parking on Private Property Without Permission
- SC Code 56-5-5150: Safety Devices When Towing Vehicles
- SCDPS Wrecker Regulations FAQ
- SCCA 271 Guidelines for Businesses for Tow/Repair Vehicles (Revised 05/2025)
- SC Department of Consumer Affairs: File a Complaint
