North Carolina towing law comes up in two situations: your car got towed from a parking lot and you want to know whether that was legal and what you owe, or you’re on the side of the road and want to know your rights when a tow truck shows up. This is a plain-English guide to both for drivers in Cary and Wake County — what the state statutes and the Town of Cary’s own towing ordinance require, and what to do if something looks wrong. It’s general information from a towing company, not legal advice; for a dispute, talk to a lawyer or the Town.
One thing up front: WTF Towing doesn’t do the predatory kind of lot towing this article is mostly about. We do consensual tows — you call (919) 230-4498, we come. But we get asked about all of it, so here it is.
Towing from private lots: what North Carolina requires
A property owner in North Carolina can have unauthorized vehicles removed from a private lot, but only when the lot is properly posted. State law (G.S. 20-219.2) requires conspicuous signs at the lot stating that unauthorized vehicles will be towed, with the name and phone number of the towing company, so a driver has a fair chance of knowing before parking. No proper signs, no lawful tow.
State law (G.S. 20-219.20) also requires anyone towing a vehicle without the owner’s consent to notify the local law-enforcement agency — before moving the vehicle, or within 30 minutes if it had to be moved immediately for safety — with a description of the vehicle, where it was towed from, where it’s being stored and how to get it back. That’s why the first call when your car vanishes from a lot is to the police non-emergency line: they’ll know who has it. The notice rule doesn’t apply to tows ordered by a law-enforcement officer.
Cary’s own towing ordinance
The Town of Cary adopted its own private-lot towing rules in 2017, and they’re stricter than the state minimum. In Cary, a lot that tows must post signs at each entrance (or every 50 feet of frontage, or at each space) that are at least 24 by 24 inches, mounted four to five feet off the ground, with lettering at least an inch and a half tall, saying it’s a tow-away zone, when the restriction applies, who tows, and their phone number. If the lot tows people who walk off the property, the sign has to say that too.
The ordinance also puts obligations on the towing company. In Cary, a company doing non-consensual tows must:
- report every tow to the police with the vehicle description and the storage location;
- release your car on the spot for a drop fee if you get back before it leaves the lot;
- accept cash and credit cards — at least Visa, MasterCard and one other major card;
- answer the phone or return your call within 30 minutes, and have someone at the storage lot within two hours of your request (requests between midnight and 6 a.m. can wait until 8 a.m.);
- store the vehicle no more than 15 miles from where it was towed, in a fenced, lit, secure lot;
- let you get personal property out of the vehicle while it’s in storage;
- give you an itemized receipt showing the company, the fees, the reason for the tow, and the date and time.
Violations carry civil penalties that climb with repeat offenses and can be charged as a misdemeanor. What Cary’s ordinance does not do is cap the fees themselves — the North Carolina Supreme Court has held that towing rates are a matter for state law, not towns — so the price of a lot tow is set by the company, and the protection you have is the right to see an itemized receipt and pay by card.
The towing company’s lien on your car
Under North Carolina’s lien law (Chapter 44A), a towing and storage company has a possessory lien on the vehicle for reasonable towing and storage charges — meaning they can hold the car until you pay. Storage fees accrue daily, which is why getting the car out fast matters. If the vehicle isn’t claimed, the company has to follow a notice process through the DMV to the registered owner and any lienholder before it can eventually sell the vehicle to cover the charges. If you get a notice like that, don’t ignore it; the bill only grows.
If you believe the tow was unlawful — no signs, wrong signs, towed from a space you were entitled to use — pay to get the car out (so the storage meter stops), keep the receipt, photograph the lot and any signage, and then dispute it. The Cary Police non-emergency line handles ordinance complaints; small-claims court handles the money.
Roadside tows: your rights on the shoulder
If you break down or crash and you’re not blocking traffic, you choose the tow company. Call whoever you want; you don’t have to take the first truck that pulls up, and you shouldn’t take one you didn’t call. If a truck arrives that you didn’t request, ask who sent them. Solicited tows — a truck showing up uninvited at a crash — are a known problem, and a legitimate company will tell you plainly who dispatched them.
If your vehicle is blocking a lane or is a hazard, law enforcement can call a wrecker from their rotation list to clear the road. That tow is lawful, and the officer will tell you where the vehicle is going. You’ll pay that company’s rate and the storage until you retrieve it, so get there quickly.
Whatever truck comes, you’re entitled to know the price before the hookup and to get a receipt. At WTF Towing the number you hear on the phone is the number on the receipt, and there’s no separate holiday or night rate. Our post on what drives the cost of a tow explains what a fair quote is made of.
The Move Over law
North Carolina’s Move Over law (G.S. 20-157) requires drivers approaching a stopped emergency vehicle — and tow trucks and utility vehicles with their amber lights on — to move over a lane if they safely can, or slow down if they can’t. It’s a fine and points for a violation, and more if someone is hurt. It exists because the shoulder is the most dangerous place a tow operator works. We ask every Cary driver to move over; the operator on the side of US-1 is somebody’s dad.
If your car has been towed in Cary: what to do
- Confirm it was towed, not stolen: call the Cary Police non-emergency line. The towing company is required to have reported it.
- Get the storage lot address and hours. In Cary it must be within 15 miles and someone must meet you within two hours of your request during normal hours.
- Bring your license and proof of ownership or registration, and a card — they must accept it.
- Photograph the lot you were towed from, including any signs, before the details fade.
- Get the itemized receipt. Check that it shows the reason for the tow, the date and time, and each fee.
- Retrieve the car the same day if you can. Storage is daily.
- If the signage was missing or wrong, dispute it after you have the car back — the Town enforces the ordinance, and small-claims court handles refunds.
Common questions
Can a lot tow me if I walked off the property?
In Cary, only if the sign says so. If the posted notice doesn’t warn that leaving the property makes your vehicle subject to towing, that tow is on shaky ground.
Do they have to give me my stuff out of the car?
Yes, in Cary. You can retrieve personal property from the vehicle while it’s in storage, even if you haven’t paid to release the car yet.
Is there a maximum fee for a tow in North Carolina?
Not statewide, and Cary’s ordinance doesn’t set one. Some cities have tried; the courts have limited what towns can do. Your protection is the itemized receipt, the card-payment rule, and the right to dispute an unlawful tow.
Can I call my own tow company after a crash?
Yes, as long as your vehicle isn’t blocking the road or creating a hazard. If an officer needs the lane cleared immediately, they’ll call the rotation wrecker; otherwise, call whoever you trust. Our Cary towing page explains how a call with us goes.
Need a tow you actually asked for? Call (919) 230-4498 — 24 hours, upfront price, licensed and insured. When your car makes you say WTF, you call WTF Towing.
