Legally reviewed by Alexander Begum, Personal Injury Attorney
Key Takeaways
- The towing company usually pays. After a tow truck accident in Texas, the driver’s employer is normally responsible when the driver was working, and its insurance pays the claim.
- Tow trucks carry far more insurance than cars. Texas rules require at least $300,000 in liability coverage per tow truck, and $500,000 for trucks that clear crash scenes, compared with a $30,000 per-person minimum for a private car.
- The truck’s door tells you who to claim against. Texas law requires the company name, phone number, city and state permit number on both sides of every permitted tow truck.
- A city wrecker is a different claim. Government-owned tow trucks fall outside the towing statute, so the claim runs under the Texas Tort Claims Act, with a six-month notice deadline and damage caps.
- Damage during a tow can be a claim too. A towing company that breaks the state towing law is liable for the damage and the fees without proof of negligence, and it owes $1,000 plus three times the fees if the violation was knowing or reckless.
- You have two years to sue. Texas gives two years for both personal injury and property damage claims, but waiting usually costs you evidence long before the deadline.
If a tow truck hits you in Texas, the towing company that employs the driver is usually the one who pays, through the commercial liability policy every permitted tow truck must carry. If the tow truck belongs to a city or county, or if your car was damaged while it was being towed, different Texas rules apply, and the deadlines are shorter than most people expect.
Tow trucks work where crashes have already happened: highway shoulders, parking lots, stalled cars on two-lane roads. When one causes a second collision, there is usually far more insurance behind it than behind a typical car. If you were hurt by any commercial vehicle, our Texas truck accident lawyers can review your options for free.
What Happens if a Tow Truck Hits Your Car?
At first, a tow truck crash is handled like any other Texas collision. Texas requires an officer who investigates a crash with an injury, a death or apparent property damage of $1,000 or more to file a written report under Transportation Code §550.062. Our guide to getting a copy of your Texas crash report walks through ordering it.
What makes a tow truck crash different is who stands behind the driver. In Texas, a company cannot operate a tow truck on a public road without a state permit for that specific truck (Occupations Code §2308.101), and an individual cannot perform towing without a towing operator license (§2308.151). The Texas Department of Licensing and Regulation (TDLR) issues both, and that paper trail ties the truck to a named company and its insurance.
Who Is Liable in a Texas Tow Truck Accident?
Most tow truck crashes come down to three possible defendants. More than one can share the blame.
The towing company
Texas holds an employer responsible for an employee’s negligence when the employee was acting in the course and scope of the job. The Supreme Court of Texas restated the test in Painter v. Amerimex Drilling I, Ltd. (Tex. 2018): the worker must have been (1) an employee and (2) acting within the scope of employment when the crash happened. A tow operator driving to a call, hauling a car or working a roadside scene is almost always on the job.
Some towing companies call their drivers independent contractors, but the label does not end the question: under Painter, courts look at who actually controlled the work. The company can also be liable for its own negligence, such as hiring an unqualified operator or skipping maintenance. Texas requires every towing company to have an alcohol and drug testing policy for its operators (§2308.158), so the company’s testing records are fair game in a serious crash.
The tow truck driver
The operator is personally liable for careless driving, such as speeding to a call, backing without a spotter, or an unsecured car coming off the bed. In practice, the company’s insurer pays.
Another driver, or a government agency
Sometimes the tow truck is not the cause. A driver who ignores Texas’s move-over law and slams into a stopped tow truck can push it into you. Under Transportation Code §545.157, drivers approaching a stationary tow truck using its authorized lights must move out of the lane closest to it or slow to 20 miles per hour below the speed limit. That driver’s insurer then owes your claim, just as in any Texas rear-end collision.
If the wrecker belongs to a city, county or other government agency, see the government section below: the rules change completely.
How Much Insurance Does a Tow Truck Have in Texas?
Every permitted tow truck in Texas must carry its own liability policy (§2308.110), and proof of that insurance must be kept in the truck’s cab. TDLR sets the minimum amounts in its rules, which depend on the kind of towing the truck is permitted to do.
| Type of tow | What it means | Minimum liability insurance |
|---|---|---|
| Incident management tow | A tow truck called to the scene of a crash or other incident | $500,000 per truck per incident, plus $50,000 cargo coverage |
| Private property tow | A tow from a parking lot authorized by the property owner, without the car owner’s consent | $300,000 per truck per incident, plus $50,000 cargo coverage |
| Consent tow | A tow you or someone with control of the car requested, such as a roadside assistance call | $300,000 per truck per incident |
Sources: definitions in Occupations Code §2308.002; amounts in TDLR’s rule, 16 Tex. Admin. Code §86.400(d).
These are minimums, and many companies carry more. The coverage is a combined single limit per incident, so injuries and property damage from one crash draw from the same pool. Finding every layer of coverage early matters, just as after a crash with a delivery truck.
How to Identify the Towing Company
Texas law makes this easier than most commercial crashes. Under §2308.109, every permitted tow truck must display, on both sides, the company’s name, its telephone number, the city and state where it is located, and the truck’s permit number, in letters at least two inches high. Photograph both doors before the truck leaves.
If you missed it, check the company in TDLR’s license search or on the crash report. An unmarked truck may be uninsured, which makes your own uninsured motorist coverage important.
Get a lawyer involved before the towing company’s insurer calls you. Commercial insurers move fast after a crash, and the dispatch logs, dash camera video and the operator’s records are in the company’s hands, not yours. Call (956) 982-1800 for a free consultation.
When the Tow Truck Belongs to a City or County
Texas’s towing statute defines “tow truck” to exclude vehicles owned and operated by a governmental entity, including a school district (§2308.002(11)(A)). A city public works wrecker or a county fleet tow vehicle is therefore not covered by the TDLR permit and insurance rules above.
Instead, the claim falls under the Texas Tort Claims Act. A governmental unit can be liable for injuries and property damage caused by an employee’s negligent use of a motor vehicle (Civil Practice and Remedies Code §101.021), but three rules make these claims harder:
- You must give the government written notice of the claim within six months of the crash, and a city charter can require notice even sooner (§101.101).
- Damages are capped: $250,000 per person and $500,000 per occurrence for bodily injury against a city, and $100,000 per person and $300,000 per occurrence against other local units such as counties (§101.023).
- Property damage against a local government is capped at $100,000 per occurrence under the same section.
A private company on a police rotation list is still a private company. If you are not sure who owned the truck, treat the six-month deadline as running and talk to a Texas Tort Claims Act lawyer quickly.
What if a Tow Truck Damages Your Car While Towing It?
A bumper torn off by the hook, a transmission ruined by towing the wrong way, a car dropped from the bed: you can pursue the towing company’s insurer for the repair cost. Photograph the car before and after the tow, and keep the tow ticket.
Texas adds a statutory remedy when the towing company broke the towing law itself, such as an improper tow from a parking lot. Under §2308.404, a towing company that violates the chapter is liable for damages arising from the removal or storage of the car and for the towing and storage fees, and you do not have to prove negligence. If the violation was intentional, knowing or reckless, the company owes $1,000 plus three times the fees.
If your car was towed without your consent, you can also ask a justice court to decide whether the tow was justified (§2308.452). The written request generally must be filed before the 14th day after the tow, not counting weekends and legal holidays (§2308.456). You can also complain to TDLR.
If the damage is serious enough that the car is a total loss, our guides on owing money on a totaled vehicle and diminished value claims explain what you can recover for the car itself.
Steps to Take After a Tow Truck Accident
- Call 911 and get medical care, even if you feel fine.
- Photograph both truck doors, the plate, the scene and every damaged vehicle.
- Get the operator’s and witnesses’ names and the crash report number.
- Do not give a recorded statement to the towing company’s insurer before talking to a lawyer.
- Report the crash to your own insurer and ask about personal injury protection.
- If a government vehicle was involved, send written notice well inside six months.
- Keep every medical bill, repair estimate and record of missed work.
Our checklist for what to do after a truck accident in Texas covers evidence preservation in more detail.
Shared Fault, Your Own Coverage and Deadlines
Texas uses proportionate responsibility. You can recover as long as you are not more than 50% responsible for the crash (§33.001), and your damages are reduced by your percentage of fault (§33.012). Expect the insurer to argue you ignored the move-over law.
Your own policy may also help. Texas auto policies must include personal injury protection, at least $2,500 per person, and uninsured or underinsured motorist coverage, unless a named insured rejected the coverage in writing (Insurance Code §§1952.152-.153, §1952.101). Your policy’s own wording controls what it pays.
The deadline to file a lawsuit for personal injury or property damage in Texas is generally two years after the crash (§16.003). Government claims carry the separate six-month notice rule described above.
Frequently Asked Questions
What happens if a tow truck hits your car?
You claim against the towing company’s liability insurance, because Texas usually holds the employer responsible when its operator causes a crash on the job. Every permitted tow truck must carry at least $300,000 in coverage.
Are tow trucks responsible for damage?
Yes, a towing company is responsible for damage its operator causes through careless driving or towing. If it also broke the Texas towing law, Occupations Code §2308.404 makes it liable for the damage and fees without proof of negligence.
Are towing companies liable for damage in Texas?
Yes. Texas towing companies must be licensed and must insure every permitted truck. A company that knowingly or recklessly violates the towing statute owes $1,000 plus three times the towing and storage fees, on top of the damage itself.
Can you sue a towing company for damages?
Yes. You can sue a towing company for injuries or property damage it caused, generally within two years in Texas. For a disputed nonconsent tow, you can also request a justice court hearing, generally before the 14th day after the tow, not counting weekends and legal holidays.
Can towing companies get in trouble for damaging your car?
Yes. Besides paying for the damage, a towing company can face action from the Texas Department of Licensing and Regulation, which licenses towing companies and operators and accepts complaints. The Texas Commission of Licensing and Regulation can impose administrative penalties on a towing company that breaks the towing statute or TDLR’s rules (Occupations Code §2308.501).
Who pays if a city tow truck hits me?
The city pays under the Texas Tort Claims Act, but only if you give written notice of the claim within six months of the crash, or sooner if the city charter requires it. Damages against a city are capped at $250,000 per person and $500,000 per occurrence for bodily injury.
Hurt by a Tow Truck in Texas? Get The Giant on Your Side
Every week you wait, the towing company’s logs, video and witnesses get harder to reach. The Law Giant’s truck accident lawyers represent people hurt in commercial vehicle crashes across Texas, including in Dallas, Houston, San Antonio and Corpus Christi.
The consultation is free, and you pay no attorney’s fee unless we win. Call (956) 982-1800 or contact us online.
Sources and authorities
- Texas Occupations Code, ch. 2308 (Texas Towing and Booting Act): §2308.002, §2308.101, §2308.109, §2308.110, §2308.151, §2308.158, §2308.404, §2308.452, §2308.456.
- Texas Department of Licensing and Regulation, 16 Tex. Admin. Code §86.400, Insurance Requirements for Tow Truck Permits (Texas Secretary of State); TDLR Vehicle Towing program.
- Texas Civil Practice and Remedies Code: §16.003, §33.001, §33.012, §101.021, §101.023, §101.101.
- Texas Transportation Code: §545.157, §550.062, §601.072.
- Texas Insurance Code: §1952.101, §1952.152, §1952.153.
- Supreme Court of Texas, Painter v. Amerimex Drilling I, Ltd., No. 16-0120 (Tex. Apr. 13, 2018).
This article is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts; talk to a lawyer about yours. Past results do not guarantee a similar outcome.
