Towing Issues: Massachusetts stolen car towed in Rhode Island, auction procedures, valid excuse


Question
My car was stolen in Massachusetts December 19, 2008.  On Jan 21, 2009 I picked up a registered letter from a towing yard in Providence RI.  The letter references 2 statutes, possessors lien #39-12.1-6 and #39-12.1-9(d)(3). They state that they would sell the car at auction and that I would still be liable for charges if the sale of the car did not meet all storage charges.   My questions: am I responsible for storage charges accrued before I was notified?  Any other information you could give me would be appreciated.  I already made peace with losing the car and everything in it.

Answer
I am sure you contacted the police and made a report about the vehicle being stolen on DEC 19, 2008. There could be a few problems in your favor but time is of the essences. After reading some of Rhode Island Statues, regardless of how the tow originated in RI, police, private property, impound, etc. the vehicle should have been flagged immediately once or after the tow as being stolen. The RI police should have contacted you about the found vehicle. I suggest contacting the RI area police office and find out how to release your vehicle and why they didn't contact you when the vehicle was found. If the police department suggests they were too busy is not a valid excuse because they are required to inform you of the found vehicle. Also explain how the tow company has your vehicle and lien and auction procedures are in process. In most states the vehicle is released to the registered owner at no charge and the tow company can seek tow and storage reimbursement for the state. In other cases the tow company must be paid in full by the owner and the owner can seek reimbursement from the state. However I didn't read any provision about this in the code unless it is another section but with a quick search here is the Rhode Island Statues on towing http://www.rilin.state.ri.us/statutes/TITLE39/39-12.1/INDEX.HTM

Read all the statues very carefully. I believe you have a good argument since it appears procedure was broken. Like I said time is of the essences because if you wait too long you waive all rights and you will owe the tow company and you lose your car!