Q: Can I sue CA DMV to get my registration fees back. The truck was wrecked 8/29/2023. Reg renewal came 9/9/2023.
I paid the fees thinking I would get the truck back. They were not due until 11/30/23. Ins Company totaled the truck on 9/13/2023. Title was signed over to COPART on 9/14/2023. I completed a release of liability on 9/14/2023. The reg fees are for 11/30/2023 to 11/30/2024. During that time I no longer own the truck and will not be driving it. DMV have denied my refund request. it was for $370.00. I tried to tell them the fees were not legally due and collected in error. They basically told me too bad.
A:
Under California law, obtaining a refund for vehicle registration fees can be challenging, especially after the fees have been paid and the vehicle has been transferred or totaled. Generally, the California Department of Motor Vehicles (DMV) does not issue refunds for registration fees once they have been paid, even if the vehicle is no longer in use or ownership changes shortly thereafter.
In your case, since the vehicle was wrecked and then deemed a total loss by the insurance company, and you already completed a release of liability, your situation is somewhat unique. The timing of these events relative to the payment of registration fees adds complexity to your claim for a refund.
While you can consider legal action against the DMV, such lawsuits can be costly and time-consuming, and success is not guaranteed. Litigation against state agencies often involves specific procedural rules and limitations. Additionally, the amount in dispute ($370.00) should be weighed against the potential legal costs and time involved in pursuing such a lawsuit.
As a practical step, you might consider escalating your refund request within the DMV, perhaps through a written appeal or by seeking assistance from a local representative or ombudsman who deals with DMV issues. Sometimes, these avenues can yield more favorable results than the initial point of contact at the DMV.
Lastly, keep all documentation related to the vehicle's wreck, the insurance company's total loss declaration, and the transfer of title. This documentation will be essential if you decide to pursue further action or if there's an opportunity to present your case more effectively to the DMV or another authority.
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