Quick Summary
- If a tow truck hurt you, the driver, the tow company, or another driver may be responsible. The facts decide who pays.
- Florida’s Move Over law, Fla. Stat. § 316.126, requires drivers to move over or slow down for a working wrecker with its warning lights on.
- Your own Personal Injury Protection (PIP) coverage may pay initial medical bills, subject to policy limits and treatment requirements. You generally must receive initial care within 14 days to qualify for PIP medical benefits.
- Tow truck insurance requirements vary based on the vehicle’s weight, business operations, and applicable state or federal rules.
- Most Florida negligence lawsuits involving crashes after March 24, 2023, have a two-year filing deadline. In most negligence cases, being more than 50% at fault can prevent recovery.
Had a bad day? Call The Reyes Firm at 833-4BAD-DAY ((833) 422-3329)
A tow truck is supposed to show up after the worst part of your day. When that truck is the reason you got hurt, you are left with questions nobody prepared you for. Who pays? Is the tow company responsible, or the driver? Does it matter who called the truck?
A tow truck accident in Florida can be more complicated than a typical car crash. Tow companies may operate under special insurance rules, police rotation programs, and commercial vehicle regulations. Some crashes happen when a tow truck hits another car. Others happen when a driver fails to move over for a wrecker working on the shoulder of I-4 near Seffner or I-275 in Tampa.
This guide explains who may pay for your injuries, which insurance may apply, which deadlines matter, and what to do next if you were hurt in Seffner, Tampa, or anywhere in Hillsborough County.
Who Pays for Your Injuries After a Tow Truck Accident in Florida?
Who pays depends on who caused the crash and which insurance policies apply. The tow truck driver may be responsible for careless driving. The tow company may share responsibility based on its own actions or its relationship with the driver. Another motorist may be responsible for ignoring the Move Over law. Your PIP coverage may also help pay initial medical expenses.
Here is how that often plays out:
| What happened | Who may be responsible | Where payment may come from |
|---|---|---|
| A tow truck driver hits your car | The driver and potentially the tow company | Applicable PIP benefits and the responsible party’s liability insurance |
| A towed car, chain, or strap comes loose | The operator, tow company, or whoever secured the load | Applicable commercial liability or other insurance policies |
| Another driver hits a wrecker on the shoulder | The driver who caused the crash | The driver’s liability insurance and other applicable benefits |
| A government-owned tow or service vehicle is involved | A government entity or other responsible party | Coverage and claims subject to special rules under Fla. Stat. § 768.28 |
Several parties may share responsibility:
- The tow truck driver: For speeding, distracted driving, unsafe turns, or failing to yield.
- The tow company: For negligent hiring, supervision, training, or equipment maintenance. The company’s legal responsibility can also depend on its relationship with the driver.
- Whoever secured the load: If a towed vehicle, chain, strap, or piece of equipment came loose.
- Another driver: If that driver caused the crash or failed to follow Florida’s Move Over law.
- A government entity: In certain cases involving government-owned vehicles or government employees. Special legal requirements may apply under Fla. Stat. § 768.28.
A tow company is not automatically responsible just because its truck was involved. The evidence, the driver’s relationship with the company, and the cause of the crash all matter.
Our guide to trucking company liability explains how employers may be responsible in other commercial vehicle accidents.
These crashes can also happen on busy highway ramps. For a closer look at one family’s situation, read our guide to what families should know after a fatal I-75 exit ramp crash near Seffner.
How Does Florida’s Move Over Law Protect Tow Truck Operators?
Florida’s Move Over Law requires drivers to move out of the lane closest to a working wrecker displaying amber warning lights when safe to do so. If changing lanes is not possible, drivers must slow down. The law helps protect tow operators, emergency responders, and others working near moving traffic.
Under Fla. Stat. § 316.126, the requirements include:
- On a road with two or more lanes traveling in your direction, move out of the lane closest to the stopped wrecker when safe to do so.
- If you cannot change lanes safely, reduce your speed.
- When the posted speed limit is 25 mph or higher, slow to 20 mph below that limit when the slow-down requirement applies.
- When the posted speed limit is 20 mph or less, slow to 5 mph.
Since January 1, 2025, Florida’s Move Over law also protects other vehicles stopped on the roadside with flashing hazard lights, emergency flares, or visible emergency signage.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers who violate the law may face fines, fees, and points on their driving records.
When a driver ignores the law and hits a tow operator or stopped wrecker, the crash report, witness statements, and any traffic citation can become important evidence. A citation alone does not decide who pays, but it may help show what happened.
We also explain how the Move Over law applies to roadside workers in our article about a fatal I-75 crash involving a Road Ranger.
Attorney Edward Reyes explains Florida’s Move Over law and the dangers tow truck operators face on busy Florida roads.
💡 Did You Know?
In 2024, Florida recorded 205 crashes and issued more than 17,500 citations involving drivers who failed to move over. These figures cover Move Over violations generally, not tow truck crashes alone.
Source: FLHSMV Move Over Safety Center.
What Insurance Covers a Tow Truck Accident in Florida?
More than one insurance policy may apply after a tow truck accident. Your PIP coverage may help with initial medical expenses and lost income if you qualify. The tow company’s commercial insurance may also apply if the driver or business caused the crash. Coverage depends on the truck, its operations, and the policies involved.
Florida sets different insurance requirements for certain commercial vehicles. Some tow companies must also meet additional requirements to participate in the Florida Highway Patrol’s authorized wrecker system.
| Insurance coverage | Applicable limit or requirement | Legal source |
|---|---|---|
| Personal Injury Protection (PIP) | Up to $10,000 in medical and disability benefits, subject to eligibility and statutory requirements | Fla. Stat. § 627.736 |
| Commercial vehicle weighing 26,000 to under 35,000 pounds | $50,000 per occurrence | Fla. Stat. § 627.7415 |
| Commercial vehicle weighing 35,000 to under 44,000 pounds | $100,000 per occurrence | Fla. Stat. § 627.7415 |
| Commercial vehicle weighing 44,000 pounds or more | $300,000 per occurrence | Fla. Stat. § 627.7415 |
| Florida Highway Patrol authorized wrecker | Additional insurance requirements, including garage liability and garagekeepers coverage | Fla. Admin. Code R. 15B-9.0031 |
| Certain interstate for-hire property carriers | Federal minimum financial responsibility requirements may apply, including $750,000 for qualifying nonhazardous property transportation | 49 C.F.R. § 387.9 |
These figures describe legal minimums for qualifying vehicles and operations. They do not establish the amount available in any particular accident claim.
Florida Highway Patrol authorized wrecker operators must meet additional insurance requirements under the rules effective January 6, 2026. The requirements may differ from those applying to a tow truck operating outside that system.
Some companies carry more insurance than the required minimum. Other policies may also apply, depending on the crash.
That is why identifying the company, the truck, its weight, and the type of towing operation matters.
PIP benefits may not cover the full cost of a serious injury. Our article on what happens when PIP is exhausted explains what injured Florida drivers can do next.
What Should You Do After a Tow Truck Accident in Seffner or Tampa?
Call 911, seek medical care, and document the accident if you can do so safely. Record the tow company’s name, truck number, and any DOT identification displayed on the vehicle. Take photographs of the scene and equipment. Preserve witness information and speak with an attorney before making a recorded statement to the tow company’s insurer.
Here are seven steps to protect yourself:
- Call 911. Report the crash and request medical help if needed. Ask how to obtain the crash report number.
- Seek medical attention. Florida’s PIP law generally requires you to seek initial treatment within 14 days to receive medical benefits.
- Photograph the scene. Include the tow truck, its markings, the towed vehicle, chains, straps, nearby signs, and road conditions.
- Collect witness information. Write down names and contact details. Note nearby businesses or cameras that may have recorded the crash.
- Find out who requested the tow. It may have been law enforcement, a roadside assistance provider, or a private customer.
- Keep your records. Save medical bills, treatment records, repair estimates, and proof of missed work.
- Be careful with insurance calls. Avoid guessing about fault or the extent of your injuries. Consider getting legal advice before giving a recorded statement.
Crashes near Seffner can involve busy ramps and shoulders along I-4 and I-75. Video from businesses and traffic cameras may be deleted or overwritten, so note potential sources as soon as possible.
Why does it matter who called the tow truck?
A tow truck dispatched through the Florida Highway Patrol’s authorized wrecker system may be subject to additional insurance, driver, and equipment requirements under Chapter 15B-9 of the Florida Administrative Code.
Private towing companies and local law enforcement towing programs may follow different procedures.
Knowing who dispatched the truck can help identify useful records, including dispatch logs, towing authorizations, and company information.
How Long Do You Have to File a Tow Truck Accident Claim in Florida?
Most Florida negligence lawsuits arising from crashes after March 24, 2023, must be filed within two years. Wrongful death lawsuits generally have the same two-year deadline. Other deadlines may apply to insurance benefits and claims involving government entities. Because evidence can disappear before those deadlines, it is best to begin gathering records early.
| Claim or requirement | General deadline | Legal source |
|---|---|---|
| Initial medical treatment for PIP medical benefits | Within 14 days of the crash | Fla. Stat. § 627.736 |
| Negligence lawsuit | Generally two years for claims governed by the post-March 24, 2023 law | Fla. Stat. § 95.11 |
| Wrongful death lawsuit | Generally two years from the date of death | Fla. Stat. § 95.11 |
| Notice for certain claims against government entities | Generally three years, or two years for wrongful death, subject to statutory requirements | Fla. Stat. § 768.28 |
⚠️ Warning: Under Fla. Stat. § 95.11, most negligence lawsuits governed by Florida’s law effective March 24, 2023, must be filed within two years. Earlier claims may follow different rules. Claims against government entities have additional requirements under § 768.28.
What if the tow company says you were partly at fault?
Florida uses modified comparative fault. If you are found 50 percent or less at fault, your damages are reduced by your share of the blame. If you are found more than 50 percent at fault, you cannot recover damages at all. Insurers often argue shared fault to pay less.
Here is a simple example. If your damages total $100,000 and you are found 20 percent at fault, your recovery may be reduced to $80,000. If you are found 51 percent at fault, you recover nothing.
That is why the tow company’s insurer may claim you were following too closely, changing lanes, or ignoring warning lights. Clear evidence helps answer those claims.
🛡️ Your Rights: Under Fla. Stat. § 768.81(2) and (6), you can still recover damages if you share some of the blame, as long as your share is not more than 50 percent. Your recovery is reduced by your percentage of fault. A jury or settlement negotiations set fault percentages, so an insurer’s first claim about fault isn’t the final word.
Deadlines can depend on the facts and type of claim. Dispatch records, driver information, and video evidence may disappear long before your filing deadline. Speak with a Florida attorney about the time limits that apply to your situation.
What If the Tow Company Says You Were Partly at Fault?
Florida generally uses modified comparative fault in negligence cases. This means your share of responsibility may reduce the compensation you can recover. In most negligence cases covered by the rule, a person found more than 50% responsible cannot recover damages. The evidence matters, and an insurance company’s first claim about fault is not necessarily the final decision.
Here is a simple example.
If your damages total $100,000 and you are found 20% at fault, your recoverable damages may be reduced to $80,000.
If you are found 51% at fault in a negligence case covered by Florida’s modified comparative fault rule, you generally cannot recover damages.
A tow company’s insurer may claim that you were following too closely, changing lanes improperly, or ignoring warning lights.
Police reports, road footage, witness statements, and other evidence may help challenge those claims.
🛡️ Your Rights: Florida’s Comparative Fault Law
Under Fla. Stat. § 768.81, your compensation can be reduced by your share of fault. In most negligence actions covered by the statute, being more than 50% at fault prevents recovery. Certain exceptions apply.
An insurer’s initial assessment is not automatically the final determination of fault. You have the right to challenge its findings with evidence.
How The Reyes Firm Handles Your Tow Truck Accident Case
At The Reyes Firm, we approach tow truck crashes as commercial vehicle injury cases. These claims can involve several companies, specialized equipment, and multiple insurance policies. We focus on preserving evidence, identifying who may be responsible, documenting your injuries, and preparing the case for litigation when necessary.
Here is how we approach these cases:
- Investigate the crash. We gather police reports, scene photographs, witness statements, and available video footage.
- Identify everyone involved. We examine the tow truck driver, company, dispatching party, and any relevant contractor relationships.
- Request important records. These may include dispatch logs, driver records, maintenance history, inspections, and information about chains, straps, and towing equipment.
- Identify available insurance. We examine commercial auto insurance, garage liability, and other policies that may apply.
- Document your injuries. We collect medical records, bills, and evidence showing how the crash affected your daily life.
- Handle communications with insurers. We work with the insurance companies so you can focus on recovery.
- Prepare for litigation when necessary. We investigate and develop the evidence needed to pursue your case in court if we can’t reach a fair resolution.
The Reyes Firm is located at 4730 N. Habana Ave., Suite 201, Tampa, FL 33614, serving Tampa, Riverview, Brandon, Plant City, and communities across Hillsborough County.
That includes Seffner and other communities along I-4. We also serve Tampa and the South Shore communities.
If you were injured in a tow truck accident, call The Reyes Firm at 833-4 BAD DAY for a free consultation. You can also learn more about our work on our Tampa truck and commercial vehicle accident page.
Frequently Asked Questions About Tow Truck Accidents in Florida
Can I sue a tow truck company in Florida?
You may be able to bring a claim if the tow company’s negligence contributed to your injuries. Responsibility can depend on the driver’s actions, employment relationship, and the company’s training or maintenance practices. Florida generally gives you two years to file negligence lawsuits under the law effective March 24, 2023.
Who pays my medical bills after a tow truck hits my car in Tampa?
Your PIP coverage may help pay initial medical expenses if you qualify for benefits. You may also have a claim against the tow truck driver, tow company, or another responsible party. The available compensation depends on your injuries, liability, and insurance coverage.
What happens if a towed car comes loose and hits me?
A loose vehicle, chain, or strap may indicate a problem with load securement or equipment maintenance. The tow operator, company, or another party may share responsibility. Photographs of the equipment and towing setup can help establish what happened.
Does it matter if the police called the tow truck?
Yes. Tow trucks operating through the Florida Highway Patrol’s authorized wrecker system must meet additional requirements under Florida Administrative Code Chapter 15B-9. The dispatching agency and applicable rules can affect which records and parties you need to investigate.
What if I was hurt while working as a tow truck operator?
If another driver caused your injuries by failing to move over or driving carelessly, you may have a claim against that driver. Workers’ compensation or other benefits may also apply, depending on your employment status and the accident. An attorney can review the available options.
What compensation can I recover after a tow truck accident?
Depending on the claim, compensation may include medical expenses, lost income, pain and suffering, and property damage. Wrongful death claims may involve funeral expenses and loss of support. The compensation available depends on Florida law, the evidence, and the circumstances of the case.
How much is a tow truck accident case worth?
There is no fixed value for a tow truck accident claim. The amount depends on your injuries, treatment costs, lost wages, long-term needs, available insurance, and any share of fault. No attorney can guarantee a particular settlement or verdict.
Do I need a lawyer for a tow truck accident in Seffner or Tampa?
You are not required to hire an attorney, but tow truck accidents may involve commercial insurance, multiple responsible parties, and records that are difficult to obtain. A lawyer can help investigate the crash, identify applicable coverage, and manage communications with insurers. The Reyes Firm offers free consultations at 833-4 BAD DAY.
Edward Reyes, Esq. is the founder and managing attorney of The Reyes Firm in Tampa, Florida. He is admitted to The Florida Bar. His personal injury practice focuses on helping people injured in truck, commercial vehicle, and other serious accidents.
How Can The Reyes Firm Help You?
If you’ve had a bad day — a car accident, a slip and fall, a trucking crash, or any injury that wasn’t your fault — The Reyes Firm is in your corner. Our Tampa personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
You shouldn’t have to fight the insurance companies alone. Let us fight for you.
📍 4730 N. Habana Ave., Suite 201, Tampa, FL 33614
Had a bad day? Call The Reyes Firm. We’ll handle the rest.
Legal Disclaimer: This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship with The Reyes Firm. Every case is different, and legal deadlines may vary. Speak with a licensed Florida attorney about your specific situation. Past results do not guarantee future outcomes.
