Towing Issues: Motorcycle Accident, mail return receipt, certified mail


Question
I was involved in a serious motorcycle accident in Florida.  They towed my motorcycle and was told by the police that they were to hold the motorcycle due to an investigation.  The investigation is still pending, however, the towing company sold my motorcycle without notice and stating that pursuant to statute they could sell it.  My question is, do I have a ligitimate complaint against them for the sale of my motorcycle?  The cost of the bike was 10,000.00 or so, it was brand new and not yet made the first payment.  The towing company refuses to tell me who they sold it to and for how much.

Answer
While this sounds more like a legal question for your lawyer to work on, I can say that Florida Statue 713.78 covers this problem.. Here is a link to that information...

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http://flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&U...

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Section 4(c) {below} covers the time frames involved for sale of vehicles.. Sounds like something you might check into with your lawyer..

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(c)  Notice by certified mail, return receipt requested, shall be sent within 7 business days after the date of storage of the vehicle or vessel to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of s. 627.736, and all persons of record claiming a lien against the vehicle or vessel. It shall state the fact of possession of the vehicle or vessel, that a lien as provided in subsection (2) is claimed, that charges have accrued and the amount thereof, that the lien is subject to enforcement pursuant to law, and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (5), and that any vehicle or vessel which remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens after 35 days if the vehicle or vessel is more than 3 years of age or after 50 days if the vehicle or vessel is 3 years of age or less.

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Sorry for not being able to provide more information but again  I suggest getting a lawyer involved, there are a few issues I do not have information or answers for here on this issue..