Is This Legal?????? Please Help.

[kayanden]

The Auto Wrecker Who Towed My Daughters Car Says He Can Keep Her Personal Belongings That Were In Her Car When It Was Towed. The Car Is Totaled And Is Going To Be Destroyed. My Daughter Was Returning From A Weekend Holiday When She Had The Accident. She Has Clothes, Cd's,money And Jewelerly In Her Car. We Live In Nys, In Suffolk County.

 

[teflon_jones]

That's absolutely not true. Go to the wrecking yard and pick them up!

 

[kayanden]

Please Help??????

I Have Gone There And Called 911. When The Police Arrive, They Say That He Can Do This. Do You Know Where I Can Find These Laws In Writing???

 

[sukharev]

It is still your car, until you sign the title over to insurance company. So, police may not have known all details or you have indeed signed the car over. Once you do, it's theirs and they can do whatever they want with it and what's inside.

If, on the other hand, you still own the car, then it's yours and they should not have touched anything inside. You can sue in small claims and win.

 

[JETX]

ACTUALLY, there are very likely other issues here that you are not telling us.... for example, if the wrecker/storage company is holding a lien on the vehicle pending payment, they can hold the personal property that was in the vehicle when they took custody.
If there is a lien, you will need to either pay the costs.... or work with the insurance company to recover the property upon their payment of the fees.