Phoenix, AZ asked in Civil Litigation and Criminal Law for Arizona

Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are currently incarcerated. I'm under the impression that whoever towed the vehicle at time of impoundment is responsible for the fees. Because the property was stolen and are reported to the proper authorities. We would like a suggestion on what to do and why we are responsible for the fees.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit attached.

- The property was recovered during a police raid.

- The suspects were arrested and are currently incarcerated.

2. Current issue:

- A tow company is holding the vehicle.

- They're charging a $3,000 impound fee.

- They won't allow you to remove the crane unit.

3. Your concerns:

- You believe the towing company should be responsible for the fees.

- You're unsure why you're being held responsible for the fees.

Generally speaking, vehicle owners are often responsible for towing and impound fees, even in theft cases. However, your situation may have some nuances that could affect this:

Suggestions:

1. Contact the police department that handled the case:

- Ask about their policies regarding recovered stolen vehicles.

- Inquire if they have agreements with specific towing companies.

- Request documentation of the recovery to support your case.

2. Review local laws and regulations:

- Look into your state's laws regarding towing and impound fees for recovered stolen vehicles.

- Some jurisdictions have protections for victims of vehicle theft.

3. Negotiate with the towing company:

- Explain the situation and provide proof that the vehicle was stolen.

- Ask if they have any policies for reduced fees in theft cases.

4. Consider legal assistance:

- If the fees seem unreasonable or if you're being denied access to your property, consult with a lawyer specializing in property law.

5. Check your insurance policy:

- Some comprehensive auto insurance policies cover towing and impound fees in theft cases.

As for why you might be responsible for the fees: In many jurisdictions, the rationale is that the towing company provided a service (towing and storing the vehicle) regardless of the circumstances. However, this doesn't mean you don't have recourse or the ability to challenge these fees.

Remember, laws and policies can vary significantly by location. It's important to understand your local regulations and possibly seek legal advice to best navigate this situation.

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