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My friend was just suppose to change my oil, now motorcycle is impounded /lien sal

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Axion241

Junior Member
What is the name of your state (only U.S. law)? California.
My friend who hit a tough time in his life, needed to make a few extra bucks. He told me that he was a good Motorcycle mechanic and asked if my oil needed to be changed in exchange for a few extra bucks. I obliged and gave him the money ahead of time before I left for a business trip. Upon my return I was welcomed with a letter stating my motorcycle was being stored and would soon be up for a lien sale. Upon further investigation, I found out my friend was arrested for outstanding warrants in a city 20 miles away from where the bike was dropped off for an oil change. He took the motorcycle without my permission and now it has been impounded for over 12 days. The police dept said it will cost 213 for them to release it and over 500 for the storage facility to actually release the bike. Do I have any recourse with the police and storage facility? or can I only recover these monetary costs in a civil court by suing my broke friend?
 


CdwJava

Senior Member
Do I have any recourse with the police and storage facility? or can I only recover these monetary costs in a civil court by suing my broke friend?
The police and the tow company appear to have done nothing wrong, so what makes you think you have any recourse with them?

Your recourse is with your friend.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? California.
My friend who hit a tough time in his life, needed to make a few extra bucks. He told me that he was a good Motorcycle mechanic and asked if my oil needed to be changed in exchange for a few extra bucks. I obliged and gave him the money ahead of time before I left for a business trip. Upon my return I was welcomed with a letter stating my motorcycle was being stored and would soon be up for a lien sale. Upon further investigation, I found out my friend was arrested for outstanding warrants in a city 20 miles away from where the bike was dropped off for an oil change. He took the motorcycle without my permission and now it has been impounded for over 12 days. The police dept said it will cost 213 for them to release it and over 500 for the storage facility to actually release the bike. Do I have any recourse with the police and storage facility? or can I only recover these monetary costs in a civil court by suing my broke friend?

What did the police dept or the storage facility do wrong:confused:. Your recovery will come from the "friend"
 

John_DFW

Member
I have a hard time seeing how your friend could defend his actions in court, since you should be able to prove you were out of town during the time this occured. He is also lucky you aren't pressing charges for unauthorized use of a motor vehicle.
 

CdwJava

Senior Member
no chance under a claim of innocent injured party?
Absent some evidence to the contrary, I have to presume the vehicle was impounded pursuant to a lawful act by the agency and the tow company. How can they be held liable for doing what the law allows them to do?

When a vehicle is impounded, the registered and legal owners are notified by mail. The police and tow companies cannot be expected to read minds to determine how and why the driver had the car. Unless it is reported stolen or there is some reason to believe it is an unreported stolen vehicle, the cops are simply going to do what they are supposed to do.

The friend had legal possession of the motorcycle and took it somewhere or did something with it that got it impounded. The legal recourse - civil - will be with him.
 

justalayman

Senior Member
CdwJava;2809814]Absent some evidence to the contrary, I have to presume the vehicle was impounded pursuant to a lawful act by the agency and the tow company. How can they be held liable for doing what the law allows them to do?
it's not that I am suggesting the tow company is liable or did anything wrong but that the owner is not liable and as such, cannot be charged for the tow. I thought you guys has some law that allowed for such a claim when the owner bears no liability in the issue that would allow them to claim their vehicle and not be liable for the associated costs. I know, the tow company deserves to be paid but just as with any other legal situation, without culpability, there can be no liability.

When a vehicle is impounded, the registered and legal owners are notified by mail. The police and tow companies cannot be expected to read minds to determine how and why the driver had the car. Unless it is reported stolen or there is some reason to believe it is an unreported stolen vehicle, the cops are simply going to do what they are supposed to do.
I don't have a problem with that. What I see as the problem is; they are wanting a person who has no culpability to be liable for the charges involved.

I cannot see a right to charge the owner any more than when a person driving a borrowed car is involved in an accident and attempting to hold the owner liable for the damages. While there are situations that would allow it, in general, there is no liability, even if the use was with permission.

The friend had legal possession of the motorcycle and took it somewhere or did something with it that got it impounded. The legal recourse - civil - will be with him.[
Ah, but did he have legal possession? He had permission to change the oil. Unless there was an agreement, even if implied, to allow the guy to ride the bike, he did not have legal possession at the time he was stopped. I know, you are going to say that if he files a report of an illegal use of the motorcycle things might be different.

What is happening is the true injured party (the tow company) is somehow extra-judicially being able to transfer his injury to the owner of the motorcycle. I have a problem with that.
 

CdwJava

Senior Member
it's not that I am suggesting the tow company is liable or did anything wrong but that the owner is not liable and as such, cannot be charged for the tow. I thought you guys has some law that allowed for such a claim when the owner bears no liability in the issue that would allow them to claim their vehicle and not be liable for the associated costs. I know, the tow company deserves to be paid but just as with any other legal situation, without culpability, there can be no liability.
No such animal exists so far as I know for these situations. The responsibility to pay back the OP will rest with the guy who had possession of the vehicle.

I don't have a problem with that. What I see as the problem is; they are wanting a person who has no culpability to be liable for the charges involved.
And the tow company would then be compelled to seek restitution from a person that they may not even have any information on. The onus is, instead, on the owner of the vehicle to go after the person they loaned the vehicle to, not the other way around. Presumably the owner of the vehicle knows who they loaned it to ... the tow company may have nothing more than the name of the last driver - if that! Expecting the tow company to pay to find out the driver of a vehicle is not practical.

Even if a vehicle is stolen, the owner of the vehicle or their insurance company will be expected to pay for the vehicle prior to release. That is CA law. The only thing that can generally be waived is the agency's release fee.

I cannot see a right to charge the owner any more than when a person driving a borrowed car is involved in an accident and attempting to hold the owner liable for the damages. While there are situations that would allow it, in general, there is no liability, even if the use was with permission.
The amount of the tow and storage should be the same for anyone whose vehicles is towed and stored. The police department's fees (if the amount is true) would seem quite excessive, and likely unlawful, but $500 for 12 days storage and an impound is about right.

Ah, but did he have legal possession? He had permission to change the oil. Unless there was an agreement, even if implied, to allow the guy to ride the bike, he did not have legal possession at the time he was stopped. I know, you are going to say that if he files a report of an illegal use of the motorcycle things might be different.
What crime is "illegal use of the motorcycle?" It is not auto theft as defined in CA, and we no longer have a joyriding statute. Therefore, he has no apparent crime to charge the mechanic with. Even if he did, the OP would still be liable for the tow and impound costs.

What is happening is the true injured party (the tow company) is somehow extra-judicially being able to transfer his injury to the owner of the motorcycle. I have a problem with that.
Take that up with the state legislature.

If it were otherwise, then tow companies would never take police impounds because they might have to eat the cost of the tow and incur an unreasonable expense to try and find out who the driver was (something that may never be known). Your taxes would rise considerably as law enforcement agencies would have to get into the tow business and this is a very expensive proposition. My agency could not afford to do it so we would never be able to impound vehicles - including recovered stolen vehicles.

I doubt there is any state that waives the cost of an impound simply because the vehicle was used without the owner's specific permission.
 

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