Car towed, another driver

[gorkmd]

What is the name of your state (only U.S. law)? CA

Hello, Recently someone from my friends borrowed my car without permission. I didn't file a theft report because he is a friend. They had a suspended license and my car was towed. Today me and that guy, go to the tow place and I tell them that I didn't give him permission to borrow my car. I want to get it back. They won't give the car back to me. The car is under my name fully. They want to see my friend's license issue cleared up before they give the car back. Is this legal? What can I do?

 

[Jim_bo]

Dude... if someone took your car without permission, that is the definition of stealing. If he won't step up and take full responsibility for your car getting towed... it's not because he is your friend. Your misplaced loyalty is silly and foolish. You should NOT treat him with more loyalty and respect than he has shown you. But then again, you probably already knew all of that.

 

[Hey There]

A consultation with a lawyer should clear up what needs to be done to get your car back before storage fees add up.
Some lawyers will consult one time for free or for a small fee. Those that do this can be found in the yellow pages of a phone book.
If this were my friend I would exspect that he pay all expenses that resulted from my car being towed if he were employed and able to do so.
In Belmont CA. the police department will issue a vehicle release form to the registered owner.The cost is $100.00 for an impounded vehicle. The owner then contacts the towing agency where his car is and pays towing and storage fees to get his car back.
Have you checked with your local police dept.?

Best regards,
Hey There

 

[I_Got_Banned]

Like Hey There stated, the "tow place" cannot make the decision to either keep your car/release it Nor what conditions must be met before releasing it (i.e. the status of your friend's license).

Only the law enforcement agency which ordered that the vehicle be towed and stored can make the decision to release your car or keep it for the total "hold period". You can request a hearing to present your case and have that decision reviewed by the law enforcement agency. You MUST make a request for that hearing within 10 days of the incident that led to the impounding of your vehicle.

Also, your friend was probably given a notice that informed you of that right... but even if he wasn't given such notice, you should have received one in the mail a couple of days after the incident.

This should clarify it a bit more...

California Vehicle Code Section 22852:
(a) Whenever an authorized member of a public agency directs the storage of a vehicle, as permitted by this chapter, or upon the storage of a vehicle as permitted under this section (except as provided in subdivision (f) or (g)), the agency or person directing the storage shall provide the vehicle's registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(b) A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, and shall include all of the following information:
--(1) The name, address, and telephone number of the agency providing the notice.
--(2) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage.
--(3) The authority and purpose for the removal of the vehicle.
--(4) A statement that, in order to receive their poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice.
(c) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle.
(d) Failure of either the registered or legal owner, or his or her agent, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.
(e) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(f) This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658.
(g) This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of five hundred dollars ($500) or less.

 

[I_Got_Banned]

Dude... if someone took your car without permission, that is the definition of stealing. If he won't step up and take full responsibility for your car getting towed... it's not because he is your friend. Your misplaced loyalty is silly and foolish. You should NOT treat him with more loyalty and respect than he has shown you. But then again, you probably already knew all of that.

Yet another informative post...

What would the OP have done without all your knowledge and wisdom???

Of course I am being TOTALLY sarcastic!!!!

 

[Jim_bo]

Yet another informative post...

What would the OP have done without all your knowledge and wisdom???

Of course I am being TOTALLY sarcastic!!!!

Well.... I was thinking that you were being TOTALLY something... but sarcastic wasn't it.

 

[I_Got_Banned]

Well.... I was thinking that you were being TOTALLY something... but sarcastic wasn't it.

Allow me to suggest "smart"... Not only would it be fitting and appropriate... It is the absolutely factual too.

 

[Jim_bo]

Allow me to suggest "smart"... Not only would it be fitting and appropriate... It is the absolutely factual too.

I would accept your suggestion only with the addition of three letters starting with an "a" and ending with "ss".

I hope you are having fun acting like a 3rd grader.

 

[I_Got_Banned]

I would accept your suggestion only with the addition of three letters starting with an "a" and ending with "ss".

I'll accept your suggestion... After all, I'd rather be called a "Smart ass" instead of "Dumb ass"!

I hope you are having fun acting like a 3rd grader.

Wished you had as versatile a personality as I do?

You're not alone, Jim... Lots of people are envious of me and for many other reasons than just that

 

[Jim_bo]

You're not alone, Jim... Lots of people are envious of me and for many other reasons than just that

I'm sure there are many 3rd graders who are envious of you... In that arena, you are like a big fish in a very small pond.

 

[CdwJava]

What is the name of your state (only U.S. law)? CA

Hello, Recently someone from my friends borrowed my car without permission. I didn't file a theft report because he is a friend. They had a suspended license and my car was towed. Today me and that guy, go to the tow place and I tell them that I didn't give him permission to borrow my car. I want to get it back. They won't give the car back to me. The car is under my name fully. They want to see my friend's license issue cleared up before they give the car back. Is this legal? What can I do?

As has been mentioned, the agency that authorized the two likely has to authorize its release. If his license was suspended, the vehicle was likely impounded pursuant to CVC 22651(p) (unlicensed driver) and placed on a 30 day hold pursuant to CVC 14602.6 (suspended or never licensed driver).

So, you have a right to a hearing at the agency per CVC 22852. Call the agency that towed the vehicle and request a hearing. Note that the agency is under no legal obligation to release the vehicle prior to the end of the 30 days unless the vehicle was stolen or the driver gets his license back. Since it was NOT stolen, then the assumption is that you allowed him to take the car. if you gave him the car, you are required by law to make "reasonable" inquiry as to his license status. If you can convince the hearing officer that you made such inquiry you might get the car released early ... or, if he has sympathy for you.

- Carl

 

[Jim_bo]

On this issue, I think Carl is exactly right... which is why I said earlier that his taking your car without permission is the very definition of stealing. Your "friend" seems to have no problem with screwing you on this deal. I think I'd argue the car was stolen and let your friend worry about things for a while.

 

[I_Got_Banned]

I'm sure there are many 3rd graders who are envious of you...

Only someone with your mental capacity, open mindedness and level of intelligence would know that Jim.

In that arena, you are like a big fish in a very small pond.

One metaphor after another... And all are dripping with bitterness... Not sure why! But honestly, it doesn't bother me the least bit. I know that you don't do it purposely... To you "bitter" is the norm!!!

 

[Jim_bo]

Only someone with your mental capacity, open mindedness and level of intelligence would know that Jim.

What a clever way to say, "I know you are, but what am I?" Your 3rd grade peers would be proud.

 

[I_Got_Banned]

What a clever way to say, "I know you are, but what am I?"

Funny how you interpret everything into terminology that barely rings a bell for me and yet, reading it in your posts brings back pleasant childhood memories.

Your 3rd grade peers would be proud.

Only you would know are qualified to know that. As for your 3rd grade peers, they would disown you if they knew how rediculous your posts are at times.

Bitter will only taste so until you spit it out, Jim...