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What Are My Legal Options When a Tow Company Damages My Car and Won't Communicate in Texas?

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Managing Attorney, 1LAW · Last reviewed January 1, 2026

Legal Inquiry

Consumer Legal Issue

A tow company damaged our car's rear differential. They will not give us their insurance information or pay to have it fixed. They have completely cut off communication, and they still have our car keys. What should we do? There's more to the story.

Attorney Answer

You have more leverage here than it might feel like. Texas regulates tow companies directly, and you likely have both a regulatory complaint and a straightforward damage claim available.

Tow companies and vehicle storage facilities in Texas are licensed and regulated by the Texas Department of Licensing and Regulation under Occupations Code Chapter 2308. That gives you a real complaint path: TDLR investigates licensing violations and unlawful practices by tow operators, and a complaint creates an official record even before any money changes hands. Separately, when your vehicle was damaged while in a tow company's custody, you generally have a straightforward property damage claim against them for the cost of repair, similar to any situation where someone else's negligence damaged your property while it was in their care.

Refusing to return your keys or your car, without a legitimate reason like an unpaid, disclosed fee, is also a serious problem. If they are simply not responding rather than pointing to an actual unpaid charge, document that clearly, since it goes beyond a billing dispute.

What you can do

1. Send a written demand letter, ideally by certified mail, describing the damage, requesting their insurance information, and setting a deadline for a response. 2. File a complaint with TDLR against the tow company for the damage and the lack of communication. 3. Keep everything: the tow ticket, repair estimates, photos of the damage, and a log of every call, text, or email you have sent them with dates. 4. Consider Texas Justice Court, often called small claims court, which handles property damage claims up to $20,000 and generally does not require a lawyer. 5. If they continue refusing to return the vehicle itself with no lawful reason, contact your local police non-emergency line, since that can go beyond a civil dispute.

Texas property damage claims generally must be filed within two years, so do not let this drag on indefinitely even while you try to resolve it directly. Since you mentioned there is more to the story, a consumer protection attorney can look at the full picture, including whether the company's conduct raises other issues. This is general legal information, not legal advice, and a Texas attorney can advise you on your specific situation.

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Courts & Legal Aid in Texas

Frequently Asked Questions

How do I file a complaint against a tow company in Texas?

You can file a complaint online with the Texas Department of Licensing and Regulation, which licenses and oversees tow operators and vehicle storage facilities statewide.

Can I sue a tow company for damaging my car in small claims court?

Yes. Texas Justice Courts, often called small claims court, handle property damage claims up to $20,000, and you generally do not need a lawyer to file.

Can a tow company legally keep my keys or refuse to return my car?

Generally not, absent a legitimate, disclosed reason such as an unpaid lawful fee. Refusing to return your vehicle without a clear reason can be pursued alongside your damage claim.

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