West Virginia Towing Laws: Your Rights When Your Car Is Towed

Primary law: W. Va. Code 24A-2-2b Β· Last verified July 2026. General information, not legal advice.

West Virginia takes an unusual approach: tow and wrecker services operate as regulated motor carriers under the Public Service Commission (PSC). Under W. Va. Code 24A-2-2b, the PSC adopts rules governing what carriers may charge for recovering, towing, hauling, and storing wrecked or disabled vehicles, considering factors like equipment, time, staffing, and regional price comparisons. Carriers must list their approved rates and charges on every invoice they give a vehicle owner, operator, or insurer, which gives consumers a concrete benchmark to check their bill against.

Because rates are PSC-regulated, nonconsent tow charges in West Virginia are effectively capped at approved levels rather than by fixed statutory dollar amounts. The statute's consumer teeth are procedural: the PSC must maintain a fair, effective, and timely complaint process, and in a formal complaint about a third-party tow, the burden of proof is on the towing carrier to show its charges are just, fair, and reasonable. The rules must also give aggrieved parties a process to recover from the carrier any charges the Commission finds unreasonable.

If you are towed without your consent in West Virginia, call local police or the sheriff to locate the vehicle, then insist on an itemized invoice β€” it must list the carrier's approved rates. Pay to get the car released and keep all paperwork. If the charges look inflated, start with the PSC's informal customer assistance line (1-800-642-8544); if that does not resolve it, file a formal complaint (Form No. 1, no lawyer needed) β€” the tower, not you, must then justify the charges, and the PSC can order your money back.

West Virginia towing rules at a glance

Non-consent tow fee capYes β€” Towing carriers are rate-regulated by the Public Service Commission β€” charges for third-party (nonconsent) tows are limited to PSC-approved rates, which must be listed on every invoice, and the PSC can order recovery of charges it finds not just, fair, and reasonable (W. Va. Code 24A-2-2b).
Drop fee (truck still on scene)Unclear / not verified
Kickback banUnclear / not verified
Warning signage requiredUnclear / not verified β€” No statewide tow-away signage requirement was verified.
Notice requirementunclear
Personal property retrievalUnclear / not verified
Credit cards must be acceptedUnclear / not verified
Right to challenge the towYes β€” Consumers can bring informal and then formal complaints to the Public Service Commission over third-party tow charges, and in a formal complaint the burden is on the towing carrier to prove its charges are just, fair, and reasonable (W. Va. Code 24A-2-2b).
Hold period before saleunclear

How to get your car back in West Virginia

  1. Call the local police or county sheriff to find out which wrecker service has your vehicle.
  2. Demand an itemized invoice β€” West Virginia carriers must list their PSC-approved rates and charges on every invoice.
  3. Pay the charges to secure release and keep all receipts, photos, and paperwork.
  4. Call the PSC customer assistance line (1-800-642-8544) to open an informal complaint if charges seem excessive.
  5. Escalate to a formal PSC complaint (Form No. 1, notarized, no lawyer required) β€” the towing carrier bears the burden of proving its charges are just, fair, and reasonable.

Where to complain about an illegal tow

West Virginia Public Service Commission handles towing complaints in West Virginia. Keep your receipt, photos of any signage (or lack of it), and notes on dates and times β€” they decide most fee disputes.

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