Stolen Vehicle Recovery

Who's Responsible ??

What is the name of your state? California

I had a vehicle stolen in Southern California which I reported to the police. When the vehicle was recovered I was never notified. I eventually received notice from the tow company of a lien sale. I spoke to the California Department of Justice and they did an investigation and informed me that the agency that I reported it ot never did a notice of recovery. What compensation could I be looking at for the loss of my vehicle (value approx. 8500.00) and for the inconvenience this has created?

socal101 said:

What is the name of your state? California

I had a vehicle stolen in Southern California which I reported to the police. When the vehicle was recovered I was never notified. I eventually received notice from the tow company of a lien sale. I spoke to the California Department of Justice and they did an investigation and informed me that the agency that I reported it ot never did a notice of recovery. What compensation could I be looking at for the loss of my vehicle (value approx. 8500.00) and for the inconvenience this has created?

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Sure, go ahead and sue the guy who stole your car...

Zigner said:

Sure, go ahead and sue the guy who stole your car...

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And if the tow company did not properly report your car recovered and sold it, then they stole it.

This poster can indeed sue the tow / impound company. They must follow rules for a reason.

As for inconvenience, you most likely will get nothing.

HOWEVER - what did your insurance say? Did you get a settlement when it was stolen? If you did you will have to give any recovery to the ins. company.

xylene said:

And if the tow company did not properly report your car recovered and sold it, then they stole it.

This poster can indeed sue the tow / impound company. They must follow rules for a reason.

As for inconvenience, you most likely will get nothing.

HOWEVER - what did your insurance say? Did you get a settlement when it was stolen? If you did you will have to give any recovery to the ins. company.

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Xylene - OP isn't talking about seeking a claim against the tow company.

OP - If you are out extra money BECAUSE of the omission of a government agency, then you must file a claim with that agency before you can pursue anything through the courts. However, the actual cause of your damages likely lies with the person responsible for stealing your vehicle.

Zigner said:

Xylene - OP isn't talking about seeking a claim against the tow company.

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Yes he should. The tow company MUST make sure that all the legal notices have been made before a sale can proceed. They can't just assume.

They needed to have the notice of recovery paperwork. If the Ca. DOJ says the Police Dept. never issued one, how could they have that paperwork?

OP - If you are out extra money BECAUSE of the omission of a government agency, then you must file a claim with that agency before you can pursue anything through the courts.

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You are correct, in so much as their might be a seperate case.

It was however the tow lot who wrongfully converted the posters property to their own value by selling it. That is theft.

However, the actual cause of your damages likely lies with the person responsible for stealing your vehicle.

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That isn't true at all. Humor a thought experiment.

Say a janitors find a wallet full of cash on the ground. A wallet that a pickpocket dropped. Janitor can't go and spend that money and use "But it was the pickpocket who stole it." as a defense.

A prior criminal act does not allow subsequent asset conversion.

This case boils down to a clerical mistake at the PD and the impound.

But people / businesses / govt. make 8K paperwork mistakes all the time and have eat them.

xylene said:

Say a janitors find a wallet full of cash on the ground. A wallet that a pickpocket dropped. Janitor can't go and spend that money and use "But it was the pickpocket who stole it." as a defense.

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I understand what you are saying, but I think your analogy doesn't quite match the facts here.
Consider this...said Janitor turns the wallet in to the police and waits the requisite time until it is considered "abandoned property". Then the janitor is free to spend it as he pleases.

Another factor that hasn't been mentioned is this: What condition was the car in when the tow yard received it? If it was stripped and torched (ok, that's a bit extreme), then the vehicle HAS no value...
Of course, I should ask the OP to tell us what condition the vehicle was in when it was received before I go any further down that path

EDIT: I will loosen up on my position a bit though... Our OP should definitely file a claim for ACV of his vehicle at the time of recovery with the agency responsible. He may very well get reimbursed without too much trouble