Delaware Towing Laws: Your Rights When Your Car Is Towed

Primary law: 21 Del. C. §§ 6901-6902 (police removal of vehicles; notification and disposal) · Last verified July 2026. General information, not legal advice.

Delaware has almost no statewide consumer-protection framework for private-property (non-consent) towing. The main statute, 21 Del. C. chapter 69 (§§ 6901-6902), governs police removal of vehicles from public highways and rights-of-way - it says nothing about trespass tows ordered by parking-lot owners. That means core protections common elsewhere, such as mandatory tow-away signage, state fee caps, drop-fee rights, and kickback bans, could not be verified at the state level in Delaware; whatever rules exist tend to come from local ordinances or general consumer-protection law enforced by the Attorney General.

Where chapter 69 does apply (police-ordered removals), drivers get meaningful process: the owner must be notified by certified mail with at least 15 days' notice, may request a hearing, and can appeal within 15 days of a hearing decision before the DMV issues a salvage title; an objection halts the administrative process and pushes the dispute to court. The statute also requires that personal property not attached to the vehicle be returned to the owner. But there are no statutory maximums on towing or per-day storage charges, so bills from private lots are essentially unregulated by the state.

If your car is towed in Delaware, call the local police department first - both to confirm a private tow was reported and to rule out theft. Get the tower's itemized bill, photograph the lot and any signs, and retrieve the personal property from your car. Pay under protest if you need the vehicle, then pursue a refund through small claims court, since deceptive or unconscionable towing charges can also be reported to the Delaware DOJ's Consumer Protection Unit. Respond immediately to any certified-mail notice to preserve your hearing and appeal rights.

Delaware towing rules at a glance

How to get your car back in Delaware

1. Call local police to confirm the tow and locate the storage yard.
2. Bring ID and proof of ownership; demand an itemized bill for all tow and storage charges.
3. Collect the personal property from inside your car - unattached belongings must be returned to you.
4. Pay under protest if necessary and keep every receipt and photo of the lot's signage.
5. Answer certified-mail notices within 15 days to preserve hearing rights, and report abusive charges to the Delaware DOJ Consumer Protection Unit.

Where to complain about an illegal tow

Delaware Department of Justice - Consumer Protection Unit handles towing complaints in Delaware. Keep your receipt, photos of any signage (or lack of it), and notes on dates and times — they decide most fee disputes.

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