Q: My car was stolen. Am I responsible for tow fees? Does the tow driver calli in license plate numbers before they tow?
I live in El Cajon, California. My car was stolen from my parking lot. There's a 20 minute window where my car could have been taken and I called immediately and then informed the police that my car was stolen. They came out took a report and told me that when it was found, they would call me and have me come pick it up from the location where they found it instead of having it towed to the yard, so that I would have a chance to get it without paying for it.. It turned out my car had been stolen and driven to the parking lot of the apartment complex next door where the person who's space it was in called, to have it towed. When they hooked up my car shouldn't they have run my plates? Wouldn't it come back stolen? They never notified any law enforcement agency to make it known that they had my stolen car, Now they want me to pay $813 to get my car back. When I finally found the tow yard that had my car, they lied to me that the police had my car towed. They didnt.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
That sounds like an incredibly frustrating and unfair situation. In California, if your car was stolen, you are not automatically responsible for tow and storage fees. There are laws that can protect you in cases like this, but getting those fees waived might require some effort. Since the police had already marked your car as stolen, the towing company should have checked the plates and contacted law enforcement before taking it away.
Towing companies are required to report towed vehicles to law enforcement within a certain timeframe, but they don’t always do it immediately. If they failed to follow the proper procedures, you may have grounds to dispute the charges. You should contact the police department that took your stolen vehicle report and ask if they can provide proof that the car was reported stolen before the tow. That documentation may help you fight the fees.
You can also try speaking with the towing company’s management and explaining the situation. If they refuse to waive the fees, you might need to file a complaint with the California Bureau of Automotive Repair or the California Highway Patrol. In some cases, taking the matter to small claims court may be an option. You shouldn’t have to pay to get your own stolen car back, and you have rights that can help you challenge this.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
