QuestionQUESTION: Greetings! I am trying to get details on the notification requirements associated with public impound lots. Once a towed vehicle is in the possession of impound or storage facility, how quickly must they notify a lien holder that they have the vehicle. We have a situation where a tow company did not notify us for over 45 days from the date it arrived on their lot. They are now requiring us to pay for approximately 60 days of storage charges. Would appreciate a call if possible, Ardrey Hunn 682-831-5502 Chrysler Financial
ANSWER: Ardrey, I am the bearer of bad news for you... First of all you did not follow the directions...
Second I do not get involved in "legal battles"
You want to know state laws and I am not seeing anywhere in your question at all which would tell me the state laws to look for...
Second I really hate working for companies who make money off answers such as this... So I regularly deny requests from Lawyers, and such in regards to court cases, or being an "expert witness" for them...
Each of the reasons above are my personal choices, and unless you would like to pay me for my "expert testimony" then you can see where this is going...
BUT AS A GENERAL ANSWER, in many states, the tow company is required to send out the notices after a specific time which varies from 24 hours to 30 days in some cases... Add in the fact that most of the requests for ownership information from tow companies, is done via the US MAIL service, and then the notifications are mailed "certified mail" though the US Post Office again...
Now as to being required to pay for 60 days of storage, I guess that it would be legal, but then again, I am not aware of the state it involves and what kind of tow it was which does make a difference at times...
As to getting the answers, I am sure that your legal department will be able to provide you with the applicable laws for where the vehicle was towed... But from what I see in looking up your area code it might be in Texas...
Texas has some strict laws regarding towing, notifications and such and they also just changed the laws governing towing the first of September... That will also change answers in what is happening here....
Good luck and sorry I will not be much of a help for you, but as this is a "volunteer board" I provide answers as I can and covering areas I feel I should answer...
I know that is not what you wanted.
PS I also do this when I can as I am also a working tow truck driver.
---------- FOLLOW-UP ----------
QUESTION: I was asking the question about towing in the State of Colorado. Thanks for the info you provided. Sorry I was not more specific originally.
AnswerAgain I am not really able to provide "legal answers" to the questions and while I have links to places for information which I provide it does also make references to other sections of vehicle codes or state laws at times...
Check out pages 67 to page 81 of the link below and it "SHOULD HELP"
http://www.dora.state.co.us/puc/rules/723-6.pdf
But best answer is for your legal department to follow though on this after you pay the fees and redeem your collateral... That way the charges are not increasing and you have more time to fight this or figure it out..
Not saying the tow company is right or wrong, but there are lots of factors in this also which come into play... Your customer did not notify you that it was towed ? or wrecked ?
That is something to look at also.
