Quick Answer: When you’re not at fault in an accident, the at-fault driver’s liability insurance is responsible for your tow truck cost. In practice, you may need to pay out of pocket first and get reimbursed, or use your own collision/roadside coverage and let your insurer recover the money. Don’t let the tow company wait while you sort it out. Get your car moved, save every receipt, and file a claim against the at-fault driver’s policy.
Who Is Legally Responsible for My Tow Bill If I Didn’t Cause the Accident?
The at-fault driver’s liability insurance covers your tow, along with your other property damage. This falls under the property damage liability portion of their policy, not medical payments. Once fault is established, their insurer owes you reimbursement for reasonable towing and storage fees directly connected to the crash.
The problem is that “once fault is established” can take days. The tow truck needs to move your car now. That gap between the crash and the insurance payout is where most people get stuck.
How Do I Actually Get Paid Back for the Tow?
You have two real paths, and you can use both at once.
Path 1: File against the at-fault driver’s insurance directly. Call their insurer, open a third-party property damage claim, and submit your tow receipt. This is the cleanest route when fault is clear, there are witnesses, and a police report backs you up. The insurer will typically issue a single check covering tow, storage, and vehicle damage. It can take anywhere from a few days to a few weeks.
Path 2: Use your own coverage first. If you carry collision coverage or a roadside assistance add-on, your insurer can pay the tow immediately and then pursue subrogation against the at-fault driver’s policy. You may owe your deductible upfront, but your insurer should recover it along with your tow cost and refund it to you once the claim settles.
Keep every receipt. Tow companies charge by the mile plus a hookup fee. A local tow after an accident typically runs $100 to $200. Storage fees at an impound lot can add $30 to $75 per day, so get your car out fast or negotiate directly with the lot while the claim processes.
If a tow truck showed up at your crash scene without you calling one, read this breakdown on unsolicited tow trucks at accident scenes before signing anything.
What If the At-Fault Driver Has No Insurance?
Your own uninsured motorist property damage (UMPD) coverage handles this. Not every state requires UMPD, and not every driver carries it, but if you have it, file the claim immediately. Your insurer pays your tow and damage, then tries to collect from the uninsured driver.
No UMPD coverage? Then collision coverage is your next option, minus your deductible. If you carry neither, you are left pursuing the at-fault driver in small claims court, which is slow and uncertain.
This is exactly why having roadside assistance or towing coverage on your own policy matters even when you know you won’t be at fault.
What Should I Do at the Scene to Protect My Claim?
Do these things before the tow truck leaves.
- Cal
Photo: Pexels
l 911 and get a police report. Without one, fault disputes get messy. - Photograph the damage to both vehicles, their positions, any skid marks, and the street signs at the intersection.
- Get the at-fault driver’s name, license number, insurance company, and policy number. Photograph their insurance card.
- Get contact info from any witnesses.
- Note the tow company name, driver name, and truck number before you sign the release form.
- Ask the tow driver where your car is going and get the storage lot’s address and phone number.
Do not let anyone pressure you into signing paperwork that waives your right to reimbursement or directs the tow payment to a third party.
What If the At-Fault Driver’s Insurance Is Stalling or Denying My Tow Claim?
Push back in writing. Send the insurer a demand letter that includes your police report number, your tow receipt, your storage fees to date, and a deadline of 10 to 14 business days. Keep the letter short and factual.
If they continue to stall, file a complaint with your state’s department of insurance. Insurers have legally mandated response timelines in every state, and a complaint from the DOI gets attention fast. You can also instruct your own insurer to step in and handle the subrogation fight for you, which is often the lowest-stress path.
Storage fees compound fast. A car sitting in an impound lot for two weeks can easily rack up $500 to $1,000 in storage charges on top of the tow. Push to get your car released to a body shop or your own driveway as quickly as possible, even if the main claim is still open.
Photo: Pexels
Common Questions
Q: Can I choose my own tow truck company after a not-at-fault accident? A: Yes. You have the right to call any licensed tow company. If the at-fault driver’s insurer tries to steer you to a specific company, you can decline. Just keep your receipt regardless of who you use.
Q: Does the at-fault driver’s insurance also cover storage fees at the impound lot? A: Yes, reasonable storage fees are part of your property damage claim. Document every day your car is in storage and submit those receipts with your tow bill.
Q: Will my insurance rates go up if I use my own coverage to pay the tow first? A: Filing a not-at-fault claim should not raise your rates, but this depends on your insurer and your state. Ask your agent directly before filing, and confirm whether the claim will be coded as not-at-fault in their system.
Q: What if the tow company won’t release my car until someone pays them? A: Tow companies can legally hold your vehicle until the bill is paid. Pay the tow company yourself if needed to stop storage fees from piling up, then submit that receipt to the at-fault driver’s insurer for reimbursement.
Q: Do I need a lawyer to get my tow cost paid after a not-at-fault accident? A: For a tow bill alone, usually not. A demand letter and a state DOI complaint resolve most stalls. If the at-fault driver is uninsured and you have no UMPD coverage, small claims court is the practical route for a tow-sized amount.
Need roadside help? Visit Tow With The Flow for real answers when your car breaks down.