Q: Do I have to pay for towing and storage fees for my trailer and motorcycle?
I was pulled over on I5 in my truck pulling a trailer with a motorcycle in it. Subsequently the truck was impounded but the chp officer said that he's not impounding the trailer and bike but when the tow truck came he took them also. The officer restated that he's not impounding my trailer and truck. My question is this: is my trailer and motorcycle (not mentioned at all in tow paperwork) considered personal property that I can go and pick up or am I legally obligated to pay towing and storage fees?
A:
If the tow truck driver took your property without lawful authority, ask the tow yard in writing on what authority it took your trailer and motorcycle. Ask it to compensate you for loss of use of the items, per day, at a reasonable charge and to release the items to you immediately. Give them an actual number that you want based on your valuation of the fair market value of the trailer and motorcycle and the daily rental values of those items. Be prepared to prove your valuations with offers for sale of similar items, or with a certified appraiser. Support the loss of use claims with rental prices of similar items.
Sue them in Small Claims for the value of the items and the daily loss of use value. You can recover up to $10k. If the total sum exceeds $10k, you can try to file separate suits for the trailer and motorcycle. Not sure if that will work, though.
If you don't win, the tow yard will likely sell your items to pay for the storage and tow fees unless you pay those now and then attempt to recover them in Small Claims (if that is even possible). If you pay the fees now, do not sign any Release of Claims against the tow yard as part of the transaction. That might bar any future suit.
I would recommend a consultation with a local attorney to discuss this in more detail. This is not really my area of expertise and so my response should not be taken as knowledgeable legal advice upon which you can rely.
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