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Your rights after a tow in New Mexico

New Mexico law sets rules for towing from private property, such as apartment complexes and store lots. One set of maximum rates applies across the state. Here is what the law says, in plain English.

Maximum charges in New Mexico

$100.00

Ceiling to tow a standard car from private property under New Mexico (statewide tariff, NMDOT Transportation Regulation Bureau) rates; your city may set its own

$10.00

New Mexico (statewide tariff, NMDOT Transportation Regulation Bureau) ceiling per day of storage, starting after 0 hours

These rates may have changed since this schedule was published. Schedules are often updated once a year, so check the official source before relying on them.

Other New Mexico (statewide tariff, NMDOT Transportation Regulation Bureau) maximums
Charge	Maximum
Administrative fee	$35.00
After-hours or gate fee	$50.00
Loaded mileage, miles 2-25 (per mile, Class A/B)	$5.00
Loaded mileage, 26+ miles (per mile, Class A/B)	$3.50
After-hours response (per hour, 5pm-8am)	$15.00
Deadhead mileage (per mile, Class A/B)	$3.50
Storage per day, Type 2 lot (fenced, lighted)	$15.00
Storage per day, Type 3 lot (enclosed building)	$20.00

The $100 hookup includes the first mile. Storage is $10 per day in a basic fenced lot and a full day may be billed for any part of a day. A $35 administrative charge plus documented actual costs and a fuel surcharge on mileage may be added. See the official New Mexico (statewide tariff, NMDOT Transportation Regulation Bureau) rates (opens in a new tab).

Statewide, the administrative fee to release a car from the tow company's lien cannot exceed $35.00.

Pick your city

Tow-away signs and photos

A tow company may not tow from private commercial property or an apartment complex unless visible signs say illegally parked vehicles may be towed. The rule does not say where on the lot the signs must stand, and it names only commercial property and apartments. 18.3.12.14(A)(4)(b) NMAC (opens in a new tab)
The signs must state the exact hours (start and end times) when a vehicle counts as illegally parked. 18.3.12.14(A)(4)(b) NMAC (opens in a new tab)
Before towing, the company must take digital photos of your car's position on the lot. On commercial property or at an apartment it must also photograph the tow-away signs. Ask for these photos if you dispute the tow. 18.3.12.14(A)(4)(a)-(b) NMAC (opens in a new tab)

Permission to tow

A company needs written authorization from the property owner, lessee or their agent before touching your car. It must list the location, how long the car was there, a vehicle description, the tow date and time, and a statement that the car was illegally parked. 18.3.12.14(A)(4) NMAC (opens in a new tab)
A tow company may not pay or refund anything of value to a property owner or manager for the right to tow from their lot. 18.3.12.14(C)(1) NMAC (opens in a new tab)

What they can charge

State-approved maximums for a standard car (Class A/B truck) are $100 for hookup including the first mile, $5 per mile from mile 2 to 25 and $3.50 per mile after that. Companies may charge less, and the tariff bars charging above any listed item. NM Statewide Wrecker Tariff (eff. Feb. 1, 2017) (opens in a new tab)
Storage for a standard car is capped at $10, $15 or $20 per day depending on whether the lot is fenced and locked (Type 1), also lighted (Type 2), or an enclosed building (Type 3). Any part of a day can be billed as a full day, and storage starts the moment the car reaches the lot. NM Statewide Wrecker Tariff (eff. Feb. 1, 2017) (opens in a new tab)
The administrative charge is capped at $35 plus actual documented costs of finding and notifying the owner, such as certified letters. Receipts must be attached to recover those costs. NM Statewide Wrecker Tariff (eff. Feb. 1, 2017), note 4 (opens in a new tab)
A company may add up to $15 per hour for after-hours response (5 pm to 8 am), and up to $50 if it chooses to hand the car over after normal business hours. NM Statewide Wrecker Tariff (eff. Feb. 1, 2017) (opens in a new tab)
A fuel surcharge may be added to the mileage charge only, using a percentage table tied to the weekly Rocky Mountain gas or diesel price. 18.3.15.8 NMAC (opens in a new tab)
State law sets the rates and the Motor Carrier Act leaves cities power over other police matters but not over rates or service regulations, so cities should not set their own tow rates. Check your city for extra non-rate rules. NMSA 65-2A-39; 65-2A-20; 65-2A-4(A)(5) (opens in a new tab)

Where your car goes

There is no mileage limit between the tow site and the lot. A company with several lots must take your car to the nearest of its approved storage facilities, and its office must be at or within one mile of the lot. 18.3.12.29, 18.3.12.23(B) NMAC (opens in a new tab)
Lots used for non-consensual tows must be fenced and locked, or an enclosed locked building, and must have a sign readable from the road with the company name, address and phone. 18.3.12.23(A), (D) NMAC (opens in a new tab)
For private-property tows, someone must be working at the office during normal business hours (eight hours between 8 am and 5 pm on weekdays, excluding holidays) who can let you inspect the car and collect your property. 18.3.12.23(C)(1), 18.3.12.7(D) NMAC (opens in a new tab)

Getting your car and belongings back

The registered owner, the owner's agent or a lienholder can reclaim the car by paying just and reasonable charges and showing proof of ownership such as a title or current registration. 18.3.12.24(B)(2) NMAC; 18.3.12.7(F) NMAC (opens in a new tab)
During normal business hours the company must let you inspect the car free of charge. Nothing in the rule lets a company make you sign away claims first. 18.3.12.24(B)(1) NMAC (opens in a new tab)
With proof of ownership you can take personal property and ownership papers out of the car free of charge during normal business hours. 18.3.12.24(B)(1) NMAC (opens in a new tab)
During normal or extended business hours the company must release the car as a matter of right. Releases outside those hours are optional and carry the tariffed after-hours delivery charge. 18.3.12.24(B)(2) NMAC (opens in a new tab)
Towing companies must accept cash plus either credit card or check, and must post which forms of payment they take. They may accept more. 18.3.12.24(D) NMAC (opens in a new tab)

If you think the tow was wrong

The tow company is responsible for safekeeping your car and its contents while in its custody. Photograph any damage or missing items before you leave the lot. 18.3.12.27(B) NMAC (opens in a new tab)
If you dispute the charges or believe the tow was illegal, the company must give you a written statement saying you can complain to the state transportation regulator, with its contact details. 18.3.12.24(C) NMAC (opens in a new tab)
New Mexico has no quick bond-release process in the sources reviewed. You can sue in magistrate court for claims up to $10,000, and a court filing is the route to contest an unlawful tow or overcharge. NMSA 35-3-3(A) (opens in a new tab)
If you paid by credit card, you can dispute the charge with your card issuer. For billing errors, your written dispute generally must reach the issuer within 60 days of the first bill showing the charge. Whether a tow charge qualifies is up to the issuer. Fair Credit Billing Act (FTC guidance) (opens in a new tab)

Notices, liens and sales

The company must request owner records within three business days and mail a lien notice by certified mail within two business days of learning who owns the car. If it misses either deadline, it cannot collect storage charges. 18.3.12.26 NMAC (opens in a new tab)
After a written notice of the debt, the car cannot be sold until 10 days pass, a 20-day sale notice runs, and the car has been held 14 days (New Mexico plates) or 40 days (out-of-state or unfound registration). NMSA 48-3-13(A)-(B); 48-3-19 (opens in a new tab)

Where to complain

NM Department of Transportation, Transportation Regulation Bureau. Regulates towing services and takes complaints about towing and storage charges. It took over from the Public Regulation Commission's transportation division on July 1, 2024. File a complaint (opens in a new tab)

New Mexico has no separate small claims court. Magistrate courts hear civil money claims up to $10,000, not counting interest and costs.

Check your tow

Sources

Last checked 2026-10-17. These are the laws and official pages this page is based on.