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My motorcycle was in an accident and put in storage... wasn't aware that it had been towed until 3 months later...

I used to live in an apartment complex with a garage underneath. I had arranged with the parking supervisor to put it there unofficially. When a new guy became the new parking supervisor he had it towed. It happened over three months ago and I wasn't aware of it. Now the Towing company wants over $7000 for storage fees. It was my fault that it was towed but I should have been notified since I didn't check on it regularly. I contacted them after finding out it was towed and they say that the DMV is responsible for notifying me that it had been towed. I contacted the DMV and they say that the Towing company is responsible for it. Is the towing company allowed to continue to store the vehicle, accruing charges beyond its value, without notifying the registered owner that it is in their possession?

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Attorney answers (2)

Reputation Level 8
California Vehicle Code Section 22658 applies here since it appears your motorcycle was towed from out of private property (the apartment building).

As you see below, if the vehicle was inoperable (smashed)- and the parking supervisor notified the police 24 hourse before it was towed- then the cycle was legitimately towed. The reason for this rule is because it gives the cops time to warn the vehicle owner before it is towed. As you can see, the tow truck driver is also supposed to give some sort of notice to the owner.

Therefore, if the vehicle was obviously not safe to drive on the road and the parking supervisor had it towed for this reason- but didn't notify the police, then it was illegally towed.

If I were in your shoes, I'd have a calm conversation with the new parking supervisor. I'd ask him if he called the police before or after having the motorcycle towed away. I'd have a witness there with me when I asked him (a credible witness like a neighbor- not a friend or family member). Then I'd check out all of Vehicle Code Section 22658 to see if the parking guy or the tow guy screwed up. If so, you might be entitled to twice the towing and storage fees.

Here's a link to the full vehicle code section. Read it carefully:

http://dmv.ca.gov/pubs/vctop/d11/vc22658.htm

GOOD LUCK!

22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:

(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.

(b) The tow truck operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a storage facility>, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal and the time of the removal from the property. If the tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property.

(e) (1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f).
1 person marked this answer as good

Reputation Level 10
I agree with the previous contributor and would like to add a bit here. If the bike is already damaged from the accident, how much is it really worth? You certainly will not have to pay the $7,000.00, since you were not properly advised of the towing. But, is this bike worth more hassle? You left it in the garage and did not check on it for several months. Were you injured in your crash? Is that why you left the bike there so long with no checking in? Further, although your agreement with the previous garage manager was informal, you had a right to rely on that agreement and to expect your bike to be there when you got back, if that was the agreement. If you can get the former parking supervisor to confirm your previous agreement, this will go a long way toward pulling you out of this mess. Essentially, you had no right though to expect that the garage owner would warehouse your bike indefinitely and for free. Did the old parking supervisor promise to call you if the situation changed? If you still want to keep the bike, I recommend that you have a very friendly talk with the company storing the bike and see if you can get it out of hock for a lot less. Good luck, Claude

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