Towing Laws in New Mexico: Your Rights, Costs & Impound Rules

If your car was just towed in New Mexico - from a parking lot, a highway shoulder, or a crash scene - this page explains what state law says about the fees you can be charged, how to get your vehicle back, and where to file a complaint. Every fact below comes directly from New Mexico statutes and regulator pages, each cited so you can verify it yourself.

Who regulates towing in New Mexico

The New Mexico Department of Transportation's Transportation Regulation Bureau regulates wrecker companies and approves their towing tariffs. If you want to file a complaint, you can do so through the bureau's online complaint form at trbcomplaints.dot.nm.gov.

What a tow can cost

Nonconsensual tow rates in New Mexico are set through NMDOT-approved towing tariffs filed by each regulated wrecker company. Any wrecker company not listed with its own tariff instead follows the Statewide Wrecker Tariff, effective February 1, 2017. That statewide tariff sets a maximum Class A or B first-mile hookup charge of $100 and an after-hours response charge of $15. Daily storage maximums under the statewide tariff are $10 for Type 1 storage, $15 for Type 2, and $20 for Type 3.

Because rates can vary by company tariff, ask which tariff applies to your tow and check it against these statewide maximums. Our towing cost calculator can help you confirm whether an itemized bill lines up with what you were charged.

Getting your car back from impound

Under Section 48-3-13 NMSA, a lien claimant must send you certified-mail notice, and you then have 10 days after that notice is served or mailed to pay before sale proceedings can start. Vehicles must be held 14 days if registered in New Mexico, or 40 days if registered in another jurisdiction. For New Mexico-registered vehicles, the auction date must be at least 44 days after the certified mail receipt date. Vehicles unclaimed for 30 days must also be reported to state police within five days, under Section 66-3-203.

If you're towed from private property

A trespass tow in New Mexico requires written authorization from the property owner, lessee, or agent, along with photographs documenting the vehicle's position. Commercial and apartment properties are also required to post visible signs stating the exact restricted hours.

After an accident

New Mexico requires drivers to immediately notify municipal police when a crash involves injury, death, or apparent property damage of $500 or more.

The Move Over law

NMSA 66-7-332 requires a driver approaching a stationary emergency vehicle, or a recovery or repair vehicle displaying flashing lights, to move into a lane not adjacent to the stationary vehicle if it's reasonably safe to do so. If that's not possible, the driver must decrease to a speed that's reasonable and prudent for conditions and be prepared to stop. The judiciary's statewide set-fine schedule lists the fine for a 66-7-332 violation at $50.00.

FAQ

Is there a statewide cap on what a New Mexico tow can cost? Rates are set through individual NMDOT-approved wrecker tariffs, but any company without its own filed tariff follows the Statewide Wrecker Tariff, which caps a Class A or B first-mile hookup at $100 and after-hours response at $15, with daily storage maximums of $10 to $20 depending on storage type.

How long do I have before my towed car can be sold in New Mexico? After certified-mail notice, you have 10 days to pay before sale proceedings begin. The vehicle must be held 14 days if it's registered in New Mexico or 40 days if registered elsewhere, and for New Mexico vehicles the auction can't happen until at least 44 days after the certified mail receipt date.

What do I need to know about being towed from a New Mexico parking lot? A trespass tow requires written authorization from the property owner, lessee, or agent, plus photos of the vehicle's position, and commercial or apartment properties must post visible signs listing the exact restricted hours.

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