QuestionQUESTION: In April of this year my daughters car was wrecked and the police had it towed to a tow yard. I was told by the tow yard that the owner of the car was to recieve a letter in the mail letting her know that the car was at this particular yard. No letter was ever sent stating that they had the car or that the car was being sold. I was also told that legally they were supposed to notify the owner. Since they did neither what legal recourse if any can be taken?
ANSWER: As to legal recourse, sure you can always sue the tow company for not following the laws....
BUT WHAT LAWS, I have no idea as you did not list the state that you are in... Each state has different lien laws regarding notification and sale of vehicles after they have been towed...
So the laws for California will be different than the laws for Maine or Texas...
With out that information I really can not provide a better answer for you...
You might be able to go online and search your states DMV website for vehicle Lien laws and find out some information..
Sorry for not having the answer for you.
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QUESTION: I am in the state of Texas
AnswerOk, I am not sure what happened during the "notification process" which you should of had happen...
But I know that Texas was in the process of changing the rules and regulations regarding towing. And now that it has been changed I have only found the "current rules" which most likely are real close to what it should of been then.
But I do have to ask since you mention it was your daughters vehicle, was it registered to her, and the address correct at the DMV. That is where they would get the information to send the letters.
Certified mail, which is required to be used, does not get forwarded if the person has moved. That would negate the notification process and send it to the required newspaper notifications.
Now as to legal recourse, that still kind of depends on some of the answers above. But you always can do the small claims court deal..
here is the new laws which I have for the Texas notification requirements.
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85.703. Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder. (New section adopted effective April 15, 2008, 33 TexReg 2931)
(a) Applicability. If a vehicle is removed by the vehicle owner within 24 hours after the VSF receives the vehicle, notification as described in subsections (b)–(i) does not apply.
(b) Notification to owners of registered vehicles. Registered owners of towed vehicles shall be notified in the following manner.
(1) Vehicles registered in Texas. After accepting for storage a vehicle registered in Texas, the VSF shall notify the vehicle's current registered owner and primary lien holder by certified, electronic certified, or registered mail within five days, but in no event sooner than within 24 hours of receipt of the vehicle.
(2) Vehicles not registered in Texas. After accepting for storage a vehicle not registered in Texas, the VSF shall notify the vehicle's current registered owner and all recorded lien holders within 14 days, but in no event sooner than within 24 hours of receipt of the vehicle.
(c) It is a defense to an action initiated by the department for violation of this section that the facility has attempted unsuccessfully and in writing or electronically to obtain information from the governmental entity with which the vehicle is registered.
(d) Notice under this section must:
(1) be correctly addressed;
(2) carry sufficient postage; and
(3) be sent by certified mail, return receipt requested, or electronic certified mail.
(e) Date of notification. Notification will be considered to have occurred when the United States Postal Service places its postmark and to be timely filed if:
(1) the postmark indicates that the notice was mailed within the period described by subsection (a) or (b), or
(2) the notice was published as provided for by subsection (f).
(f) Notice by publication. Notice to the registered owner and the primary lienholder of a vehicle towed to a VSF may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored if:
(1) the vehicle is registered in another state;
(2) the operator of the storage facility submits to the governmental entity with which the vehicle is registered a written request for information relating to the identity of the registered owner and any lienholder of record;
(3) the identity of the registered owner cannot be determined;
(4) the registration does not contain an address for the registered owner; or
(5) the operator of the storage facility cannot reasonably determine the identity and address of each lienholder.
(g) Notice by publication is not required if each notice sent in accordance with subsection (b) is returned because:
(1) the notice was unclaimed or refused; or
(2) the person to whom the notice was sent moved without leaving a forwarding address.
(h) Only one notice is required to be published for an abandoned nuisance vehicle.
(i) Form of notifications. All mailed notifications must be correctly addressed; mailed with sufficient postage; and sent by certified mail, return receipt requested.
(1) All mailed notifications shall state:
(A) the full licensed name of the VSF where the motor vehicle is located, its street address and telephone number, and the hours the vehicle can be released to the vehicle owner;
(B) the daily storage rate, the type and amount of all other charges assessed, and the statement, "Total storage charges cannot be computed until vehicle is claimed. The storage charge will accrue daily until vehicle is released";
(C) the first date for which a storage fee is assessed;
(D) the date the vehicle will be transferred from the VSF and the address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time;
(E) the date the vehicle was accepted for storage and from where, when, and by whom the vehicle was towed;
(F) the VSF license number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No.";
(G) a notice of the towed vehicle owner's right under Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved; and
(H) the name, mailing address, and toll-free telephone number of the department for purposes of directing questions or complaints.
(2) All published notifications shall state:
(A) the full name, street address, telephone number, and VSF license number of the VSF;
(B) a description of the vehicle; and
(C) the total amount of charges assessed against the vehicle.
(3) Notices published in a newspaper may contain information for more than one towed vehicle.
85.704. Responsibilities of Licensee--Second Notice; Consent to Sale. (New section adopted effective April 15, 2008, 33 TexReg 2931)
(a) If a vehicle is not claimed by a person permitted to claim the vehicle or is not taken into custody by a law enforcement agency under Chapter 683, Transportation Code, before the 41st day after the date notice is mailed or published under §85.703, the operator of the VSF shall send a second notice to the registered owner and the primary lienholder of the vehicle.
(b) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under §85.703, the operator of the VSF shall consider the vehicle to be abandoned and send notice of abandonment to a law enforcement agency under Chapter 683, Transportation Code.
(c) Notice under this section must include:
(1) the information listed in §85.703(i);
(2) a statement of the right of the facility to dispose of the vehicle under subsections (a) and (b);
(3) a statement that the failure of the owner or lienholder to claim the vehicle and personal property before the 30th day after the date the notice is provided is:
(A) a waiver by that person of all right, title, or interest in the vehicle and personal property; and
(B) a consent to the sale of the vehicle at a public sale.
(d) Notwithstanding subsection (b), if publication is required for notice under this section, the notice must include:
(1) the information listed in §85.703(i)(2); and
(2) a statement that the failure of the owner or lienholder to claim the vehicle before the date of sale is:
(A) a waiver of all right, title, and interest in the vehicle; and
(B) a consent to the sale of the vehicle at a public sale.
(e) The operator shall pay any excess proceeds to the person entitled to those proceeds.
