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Your rights after a tow in West Virginia

West Virginia 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 West Virginia

Not published

Tow maximum not stated as a flat amount; see notes below

$27.00

West Virginia (statewide, PSC) ceiling per day of storage

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 West Virginia (statewide, PSC) maximums
Charge	Maximum
After-hours or gate fee	$50.00
Hourly tow rate (non-accident, light duty, per hour)	$102.00
Evening/weekend/holiday add-on per hour (5 pm-8 am)	$19.00
Gate/reopen fee (after hours, flat)	$50.00
Inside storage per day (only if required)	$37.00
Tow dolly (flat)	$50.00

The PSC caps non-consent tows, including private property tows, by the hour: $102 per hour for a car, and no flat per-tow price. Outside storage is capped at $27 per day. If you come back after the car is hooked but before it leaves, the tow charge is limited to half the minimum charge. See the official West Virginia (statewide, PSC) rates (opens in a new tab).

Pick your city

Who sets the rules and the prices

The state Public Service Commission (PSC) sets maximum statewide rates for towing wrecked or disabled vehicles, and a registered tow company may not charge more than those rates. W. Va. Code 24A-2-2a(c) (opens in a new tab)
A company must be registered with the PSC to tow for hire, and an unregistered company may not charge for a tow you did not ask for. W. Va. Code 24A-2-2a(c); 150 CSR 9 rules 6.1 and 6.2.1 (opens in a new tab)
The PSC calls a tow done without the owner's or driver's prior consent a third-party tow. A tow from a private lot you did not authorize fits that definition. 150 CSR 9 rule 2.4.27 (opens in a new tab)

What they can charge

The PSC maximum for a car or truck of 7,000 lb or less towed without the owner's consent (private property tows included) is $102 per hour. The sheet gives no flat per-tow price. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 1 (opens in a new tab)
Hours are counted from when the truck leaves its base until it is finished and free for the next call, rounded to the nearest quarter hour. For a company that patrols a private lot under contract, the clock starts when the actual tow begins. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), rule 2 (opens in a new tab)
Between 5:00 p.m. and 8:00 a.m., on weekends and on federal holidays, a company may add up to $19 per hour, but only if it pays its employees overtime and can document that. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 4 (opens in a new tab)
A company may not charge for a bigger truck than the job needed. 150 CSR 9 rule 6.3 (opens in a new tab)
The PSC rate sheet is statewide. We could not confirm whether any West Virginia city sets its own towing caps. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI) (opens in a new tab)

Storage and other fees

Outside storage for a passenger car is capped at $27 per day. Inside storage ($37) is allowed only if the owner, the operator or police ask for it, or it is needed to protect the car; otherwise the outside rate applies. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 5 (opens in a new tab)
Storage does not start on the day your car arrives, and it counts only if you did not pick the car up before the company's normal closing time that day. Each later day starts at the next business day. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), rule 4 (opens in a new tab)
If the car was hooked or loaded but has not left the property and you show the key and remove it right away, the tow charge cannot be more than half the otherwise minimum charge. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), rule 6 (opens in a new tab)
A $50 gate or reopen fee is allowed only when the company is closed and someone must come in to release your car, and you must be told of the fee in advance. If it refuses to release after hours, it may not charge storage for those days. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 9 and section 5 note (opens in a new tab)
If a company charges extra for paying by card, EFT or ACH, it may pass on only its actual processing cost and must tell you the fee first. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 9 (opens in a new tab)

Getting your car and belongings

You or the person you name may get personal items that are not attached to the car during normal business hours without paying any of the bill, unless police put a hold on the vehicle. 150 CSR 9 rule 6.9.6 (opens in a new tab)
A company is not required to release belongings after hours; if it chooses to, it may collect the $50 gate fee when you pick them up. PSC Maximum Statewide Wrecker Rates (Case No. 20-0796-MC-GI), section 9 (opens in a new tab)

The invoice

The company must give the person who pays an itemized printed invoice and mail a copy to the registered owner within 15 days (30 days for out-of-state plates). 150 CSR 9 rules 6.2.2 and 6.2.3 (opens in a new tab)
The invoice must show where and when the car was picked up, who asked for the tow, the truck used, the hourly rates, the storage rate, and the PSC complaint notice. Missing information can lead the PSC to cut the charge. 150 CSR 9 rules 6.2.5 and 6.12.4 (opens in a new tab)

Disputing the charges

If you think a tow bill is wrong or too high, you can file a complaint with the PSC. Third-party tow complaints go to the PSC's Administrative Law Judges. 150 CSR 9 rules 6.12.1 and 6.12.2 (opens in a new tab)
In a PSC complaint about a third-party tow, the tow company must prove its charges are fair and reasonable. W. Va. Code 24A-2-2b(b)(2); 150 CSR 9 rule 6.12.3 (opens in a new tab)
If the PSC orders a refund, the company must pay within 20 days or risk suspension of its registration and removal from 911 tow lists. 150 CSR 9 rule 6.12.6 (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)

Liens and court

A general West Virginia lien law lets a holder keep goods only after sending written notice that gives at least 7 days to pay. If unpaid, it must sue within 30 days of the notice or the lien is discharged. We did not confirm that this law is the one applied to private-lot tows. W. Va. Code 38-11-14 (opens in a new tab)
Under that general lien law, goods are sold only through a court case, not by the lienor on its own. You can stop it by paying or posting a bond. W. Va. Code 38-11-14 (opens in a new tab)
Magistrate court hears money claims up to $20,000, so a claim for an illegal tow or damage can be filed there. W. Va. Code 50-2-1 (opens in a new tab)

Where to complain

West Virginia Public Service Commission (third-party tow complaints). The PSC handles complaints about third-party towing charges. Call Consumer Affairs at 1-800-642-8544 (weekdays 8-5) or file an informal complaint online. File a complaint (opens in a new tab)

West Virginia magistrate courts hear civil claims up to $20,000, 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.