Delaware law sets rules for towing cars from parking areas

Tow companies must document unauthorized parking before towing and obtain written approval for certain tows from private lots. These rules cover non-abandoned vehicles weighing 5,000 pounds or less towed without the owner’s or operator’s consent from public or private parking areas. For a private lot open to the public, the company must get written approval from the lot owner before towing. Private lots need a towing contract and required signs; public lots need a contract with the state or local government and required signs. The chapter’s rules in sections 6903A through 6905A do not apply to police-directed tows, abandoned vehicles, certain government tows, or certain municipal tows for unpaid tickets or citations. The photograph and any required written approval must be obtained before the tow.

Tow companies and storage facilities must follow rules for fees, payments, and access to stored vehicles. These rules apply to facilities storing vehicles towed without consent and to fees for those tows and related storage. People with valid identification may collect personal items without charge during normal business hours; after-hours access or release may cost up to $50. Fees must be reasonable and follow local fee limits; towing and daily storage charges for non-commercial and rental vehicles cannot exceed $250 and $50, respectively, with no extra towing-related charges. Facilities must accept major credit and debit cards or provide an ATM with reasonable fees. If a person cannot get access during regular hours within 90 minutes of following the posted after-hours instructions, no storage or after-hours fee may be charged for that day. The access, payment, and fee rules apply while a vehicle towed without consent is stored.

Drivers may recover fees and certain damages when a tow violates the chapter. These remedies apply to an owner or operator whose vehicle was towed in violation of the chapter. The owner or operator may recover fees paid and actual costs to retrieve the vehicle; denied access to personal property may lead to additional damages. A court must award reasonable attorney fees and costs if the driver made a qualifying settlement offer at least 10 business days before filing suit and the defendants rejected it or did not respond within 10 business days. The settlement offer must come at least 10 business days before the lawsuit; defendants have 10 business days to respond.