• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car Impounded OWNER of car MISSING

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LLBooky

Junior Member
What is the name of your state (only U.S. law)? NH and MA

What is the name of your state (only U.S. law)? I live in Ma but car is impounded in NH. Please, if someone can advise, I will be eternally grateful.

2003 Tiburon has been impounded out of state in NH (we live in Mass). Although we have been apart since 2003, my ex boyfriend of 10+ years( a good man but sufferer of severe alcoholism) has provided a car and paid insurance & registration for my son. The title and registration have always remained in my ex's name alone. Son was listed as a driver on the insurance but ex handled everything and we never had possession of insurance papers. Coming home through NH early this morning an officer ran the plate as my son waited at a red light. Officer pulled him over and told him that the insurance had lapsed for non payment and that the MA dept of motor vehicles had revoked the plates. NH police impounded the car and told my son that if he doesn't pick up the car he will be arrested for abandonment of a vehicle. I can pay whatever impound/towing fees there are but my son nor myself can retrieve the car since we are not listed as owners. A major complication: I just learned that my ex has not reported for work for over a month and his entire family has not heard from him either. We are not able to reach him. I want to pay the fees and leave the car there. We do not want the car as we won't be able to register it anyways. Can they hold my son accountable beyond the initial towing and impound fees? Thank you so much for any advice.
Laura
 


OHRoadwarrior

Senior Member
I don't think the police can hold him responsible legally for paying the fees on anothers car. Their recourse is to sell the car at auction.
 

LLBooky

Junior Member
Thanks for the reply

Thank you for responding. I spoke with the officer a second time since my first post. He says the car is not actually impounded but being held at a local tow yard. He also says that indeed the driver (my son) is responsible for paying all fees that accrue until the owner retrieves the vehicle or they reach 30 days at which time if the vehicle has not been claimed and charges paid in full they proceed to sell the car at auction and arrest the driver for abandonment. The officer was pretty nice when I talked to him. He said he believes us regarding the owner being missing and will release the car to my son. However the car is now useless to us because without the owner we cannot re-register and insure it. So now we have to pay all charges, plus pay to have it towed somewhere to sit indefinitely. What an expensive mess this is.
 

OHRoadwarrior

Senior Member
I don't believe the officer can legally release a vehicle, not belonging to your son, to him, absent the permission of the registered owner. I don't believe they can take a vehicle by force, then claim he abandoned it. Sound like they realize they bit off more than they intended.
 

davew128

Senior Member
Not seeing the problem here. You don't own the vehicle. You are not responsible for the storage fees as you are not the owner. Rather than paying money for retrieval of a vehicle you don't own and can't register yourself, why not spend the money on YOUR OWN VEHICLE you can purchase and register?
 

xylene

Senior Member
Police often make statments that they can't or won't act on to gain compliance.

It would appear, that there is no basis for an abandonment charge against your son given the facts you present.
 

patstew

Member
I'd be interested in where in NH this happened, if the OP is still around. My PD would certainly not release a vehicle to anyone but the registered owner.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top