Towing Laws in Delaware: Your Rights, Costs & Impound Rules

If your car was just towed in Delaware - from a private lot, a crash scene, or somewhere in between - this page explains what state law says about the fees you can be charged, how to get your vehicle and belongings back, and where to take a complaint. Every fact below comes directly from Delaware regulations and statutes, each cited so you can check it yourself.

Who regulates towing in Delaware

The Delaware State Police approve nonconsensual tow companies under state administrative code, and that approval isn't permanent - a company can lose it after two or more substantiated complaints about its nonconsensual towing services within any 12-month period. For general consumer complaints about a tow, you can also file with the Delaware Department of Justice's Consumer Protection Unit through its online complaint form.

What a tow can cost

Delaware doesn't publish a single statewide dollar cap for nonconsensual tows generally. Instead, the regulation covering State Police–approved towers requires them to charge reasonable fees for towing and storage that are comparable to what other towers in the same Troop Area charge for similar services - a standard based on local comparison rather than a fixed number. (Private-lot tows are handled differently and do carry specific dollar caps, covered below.)

Because the general standard is "reasonable and comparable" rather than a hard ceiling, it's worth asking for an itemized invoice and comparing it against what other local companies charge. Our towing cost calculator can help you sanity-check a bill before you pay it.

Getting your car back from impound

Delaware gives a garage keeper who tows or stores your vehicle a lien on it, but that lien doesn't turn into an immediate sale. Under state law, the company can only move toward selling the vehicle 30 days after the charges become due. Before that, you have 20 days after a mailed notice to send back a declaration contesting the claim if you disagree with it. If the sale goes forward, it requires at least 15 days' notice, given through both public postings and a newspaper advertisement - so there are multiple checkpoints before a stored vehicle can actually be sold.

If you're towed from private property

For a nonconsensual tow from a private lot in Delaware, the property needs conspicuous signs at its vehicular entrances, and if the lot is open to the public, the tow also requires prior written authorization. Unlike the general reasonableness standard that applies to other nonconsensual tows, private-lot towing has hard statewide caps: the tow itself is capped at $250, daily storage at $50, and if you need after-hours access to your vehicle or its release outside normal business hours, that can be charged up to an additional $50.

After an accident

Delaware requires you to immediately report a collision that involves an injury or death, apparent property damage of $2,000 or more on a public highway, or an apparently impaired driver. If your crash meets any of those thresholds, don't wait to report it - call it in right away rather than sorting it out later.

The Move Over law

Delaware's Move Over law applies when you're approaching a stationary emergency or tow vehicle. On a road with at least four lanes, you're required to change into a lane that isn't adjacent to the stopped vehicle. If that's not possible, and the posted speed limit is 50 mph or more, you must slow to at least 20 mph below that limit. Penalties escalate with repeat violations: a first offense can carry a fine of up to $250, a second offense up to $500, and any offense after that up to $1,000.

FAQ

Is there a flat statewide maximum for what a Delaware tow can cost? Not for general nonconsensual towing - State Police–approved towers just have to charge fees that are reasonable and comparable to other towers in the area. Private-lot tows are different: those are capped at $250 for the tow and $50 per day for storage.

How long before a towed car in Delaware can be sold? A garage keeper's lien lets the company move toward sale 30 days after charges become due, but you have 20 days after a mailed notice to contest the claim, and any sale requires at least 15 days' additional notice through public postings and a newspaper ad.

Who do I complain to about a Delaware tow company? Complaints about a State Police–approved nonconsensual tower can affect that company's approval status, and general consumer complaints go to the Delaware Department of Justice's Consumer Protection Unit through its online complaint form.

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