If a tow truck hit you, or you were hurt while your car was being hooked up or loaded on the side of the road, the claim usually runs against the towing company and its commercial insurance. Tow trucks are heavy, their drivers work under time pressure in live traffic, and many tow companies must carry more insurance than an ordinary driver, through Florida’s weight-based minimums, federal rules for interstate carriers, county licensing or the Highway Patrol’s rotation program. Getting the company’s name, the truck number and the insurer early is most of the battle.
Lavent Law, P.A. handles tow truck claims from our North Miami Beach office. The consultation is free, and you pay no attorney fee unless we recover money for you. Call (305) 257-9464.
Where tow truck crashes happen in Miami-Dade
Most of the serious tow truck cases we see start on the shoulder of a highway: I-95 between the Golden Glades and downtown, the Palmetto Expressway (SR 826), and the Turnpike. A wrecker stopped on a narrow shoulder with its amber lights on, a driver standing next to a disabled car, and traffic passing at highway speed is a dangerous combination. In November 2023 a tow driver helping a disabled car on the I-95 southbound shoulder near SR 112 was struck and killed by an SUV that also hit his truck; the SUV’s driver ran from the scene on foot.
Off the highway, tow trucks are part of everyday traffic on Biscayne Boulevard, NE 163rd Street and US-1, hauling cars from crash scenes, dealerships and private lots. Those are ordinary traffic crashes with a commercial vehicle on one side.
Who pays when a tow truck causes a crash
The tow company is usually the main target. It owns the truck and employs or dispatches the driver, and Florida law holds a vehicle’s owner responsible for how it is driven by someone it entrusts with it. Depending on the facts, other parties can be involved too: a motor club or dealership that dispatched the tow, a company that maintained the truck, or another driver who caused the crash.
Under section 627.7415, commercial trucks need at least $50,000 per occurrence in combined bodily injury and property damage coverage at 26,000 to under 35,000 pounds gross vehicle weight, $100,000 at 35,000 to under 44,000 pounds, and $300,000 at 44,000 pounds and up. Tow trucks that haul for hire across state lines must carry at least $750,000 under federal rules. Towers on the Florida Highway Patrol’s rotation list must carry at least $300,000 in garage liability coverage, and Miami-Dade County requires licensed towers to file proof of insurance as a condition of their license. Many lighter tow trucks fall below those weight tiers, so the actual policy is something we confirm in every case.
Tow trucks that cross state lines and weigh 10,001 pounds or more are also subject to federal motor carrier safety rules, and drivers of larger tow trucks, generally those rated at 26,001 pounds or more, need a commercial driver’s license. Driver records, inspection reports and hours can all matter.
When a car falls off a flatbed
Cars that come loose from a flatbed or wheel-lift, or chains and straps that fail, cause some of the worst tow-related crashes. Florida courts have held that the owner of a car riding on a tow truck is not automatically liable as its owner while the tow driver has exclusive control of it, and Miami’s Third District followed that rule in 2021. In most falling-car cases, that puts the claim on the tow company and its insurer.
Hurt on the shoulder: Florida’s Move Over law
Under section 316.126, drivers approaching a wrecker loading or recovering a vehicle with its amber lights on, or a stopped disabled vehicle with hazard lights, flares or warning signs or a person visibly nearby, must move out of the closest lane on a multilane road when it is safe. Otherwise they must slow to 20 mph below the posted limit, or to 5 mph where the limit is 20 mph or less. Since January 1, 2024, the law also protects drivers of disabled cars who are waiting for help.
If you were standing by your car, or a tow truck was working on your car, and a passing driver hit you, that driver’s failure to move over or slow down is strong evidence of fault. The claim runs against that driver’s insurance, and if the driver fled or had too little coverage, against your own uninsured motorist coverage if you carry it. See our page on hit-and-run crashes if the driver left.
Private-property and predatory towing
Florida’s towing statute, section 715.07, sets rules for towing cars from private lots: signs at each entrance with the tower’s name and phone number, notice to police within 30 minutes of a tow, and storage within 10 miles in large counties. If you come back while the tower is still removing your car from the lot, the tower must stop and return it for a fee of no more than half the posted towing rate. The statute makes a tower liable for damage caused by entering your car without reasonable care, and a tower that damages your car through careless towing is generally responsible for that damage as well. Miami-Dade County also bars tow operators from approaching a disabled car to offer their services unless the driver or police called them.
Most of these disputes are about money and property damage. When one turns physical, or a car is dragged away while someone is in it or next to it, it becomes an injury case. Call the police, get the tow company’s name and truck number, and take photos. Miami-Dade’s Consumer Mediation Center also takes towing complaints at 786-469-2333.
Your own PIP still pays first
Whoever was at fault, personal injury protection pays first under section 627.736, usually through your own policy or one in your household. It covers 80 percent of reasonable medical bills and 60 percent of lost income, up to $10,000, but medical benefits are limited to $2,500 unless a doctor finds an emergency medical condition. Get initial treatment within 14 days of the crash, or you can lose PIP benefits. To recover for pain and suffering beyond PIP, your injury has to meet the threshold in section 627.737(2), such as a permanent injury.
What to do after a tow truck crash
- Call 911 and get a police report. On a highway shoulder, stay behind the guardrail if there is one.
- Photograph the truck, especially the company name and phone number on the door, the truck number, any DOT number, and the plate.
- Keep the tow ticket or invoice if your own car was being towed; it names the company and the driver.
- Get witnesses’ names and numbers. Road Rangers and other drivers on the shoulder often saw it happen.
- See a doctor within 14 days, even if you feel fine.
How long you have
You generally have two years from the date of the crash to file a negligence lawsuit under section 95.11. Under section 768.81, your recovery is reduced by your share of the fault, and if you are found more than 50 percent at fault, you recover nothing. Tow companies rarely keep dashcam video or dispatch records for long, so the sooner we ask for them, the better.
How we handle tow truck claims
We identify the tow company and its insurer, send a written demand to preserve the truck’s records and any video, get the police report, and set up your PIP claim. We look at whether anyone else shares responsibility, such as the company that dispatched the tow or a driver who failed to move over. When you finish treatment, we present the claim with your records, bills and lost income, and if there is no fair offer, we talk with you about filing suit. You deal directly with the attorney on your case, in English or Russian.
For other commercial vehicles, see our truck accident and commercial vehicle accident pages, or our page on highway crashes. If a crash took someone’s life, see our wrongful death page.
Frequently asked questions
A tow truck was helping me on the shoulder and another car hit us. Who pays?
Usually the driver who hit you. Florida’s Move Over law required that driver to change lanes or slow down. Your own PIP pays first, and your uninsured motorist coverage may help if that driver had too little insurance or fled.
A car fell off a tow truck and hit me. Is the car’s owner responsible?
Usually not. Florida appeals courts, including Miami’s, have held that a car’s owner is not automatically liable as owner while the tow driver has exclusive control of the car. The claim usually goes against the tow company.
How much insurance does a tow truck carry?
It depends on the truck. Florida’s minimums for heavier commercial trucks run from $50,000 to $300,000 by weight, interstate for-hire carriers need at least $750,000, and Highway Patrol rotation towers must carry at least $300,000 in garage liability. We confirm the actual policy.
The tow company damaged my car while towing it. What can I do?
A tower that damages your car through careless towing is generally responsible for the damage, and Florida’s towing statute specifically makes a tower liable for damage caused by entering a car without reasonable care. Photograph the damage when you pick up the car, before you drive away, and keep the invoice.
The tow truck driver was an independent contractor. Does that matter?
It can affect which insurance applies, but the company that owns the truck is still a target, and so is the driver. We sort out who owned, insured and dispatched the truck.
Does it cost anything to talk to you?
No. The consultation is free, and you pay no attorney fee unless we recover money for you.
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