Failure to Notify Victim of Stolen Vehicle Recovery

[phemmert]

I am curious as to how you came up with the value of the motorcycle.

You will not be able to recover more than the value of the motorcycle.

On what basis do you draw this conclusion? The vehicle was uninsured.

The dispute turns on providing adequate notice, as required by CVC 10500 - the cost of storage fees is directly equated to the failure to provide adequate notification, and has nothing to do with the value of the property stored. The storage fees are independent of property value. This is a question of negligence and failure to comply with California statute.

 

[CdwJava]

I am curious as to how you came up with the value of the motorcycle.

You will not be able to recover more than the value of the motorcycle.

The cost of storage can exceed the value of the motorcycle. What he is suing for is the added costs for the impound, not for the value of the motorcycle.

Agencies are required to provide notice of recovered vehicles. If the MCSD failed to provide this notice they may be held liable for the costs of the impound at least up until the day notice was provided. As I have never heard of a civil suit proceeding for this, I am curious how the court will rule.

 

[Zigner]

Fair enough

 

[phemmert]

The cost of storage can exceed the value of the motorcycle. What he is suing for is the added costs for the impound, not for the value of the motorcycle.

Agencies are required to provide notice of recovered vehicles. If the MCSD failed to provide this notice they may be held liable for the costs of the impound at least up until the day notice was provided. As I have never heard of a civil suit proceeding for this, I am curious how the court will rule.

The court date is June 17th, when I get a ruling, I'll post it here.

Thanks again for everyone's contribution.