291C-135 Tow trucks; signage and insurance requirements. Notwithstanding any other law to the contrary, the registered owner or lessee of a tow truck shall:

(1) Permanently affix on each door of the truck a sign with the name and telephone number of the tow business. The letters and numbers used in the sign shall be no less than two inches in height; and

(2) Maintain insurance in the following amounts:

(A) Bodily injury of not less than $500,000;

(B) Property damage of not less than $200,000; and

(C) On-hook coverage of not less than $175,000; or

(D) A combined single limit of liability of not less than $1,000,000,

to protect owners of towed vehicles in the event of vehicle loss or damage due to towing or bodily injury in the course of towing. If a tow operator fails to comply with the insurance requirements of this section, no charges, including storage charges, may be collected by the tow operator as a result of the tow or as a condition of the release of the towed vehicle. Any person, including the registered owner, lien holder, or insurer of the vehicle, who has been injured by the tow operator's failure to comply with this section is entitled to sue for damages sustained. If a judgment is obtained by the plaintiff, the court shall award the plaintiff a sum of not less than $1,000 or threefold damages sustained by the plaintiff, whichever sum is greater, and reasonable attorney's fees and costs.

This section shall not apply to a county that has adopted ordinances regulating towing operations. [L 2000, c 260, 1; am L 2003, c 84, 4; am L 2010, c 122, 3]



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