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  1. #2
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    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    For starters pleaseturnoffyourCAPSLOCKkey.TypinginALLCAPSmakesy ourpostsEXTREMENLYdifficulttoread.Icanassureyoutha twecanbestansweryourquestionsifwecanreadandunderst andyourposts.Thanks!

    Quote Quoting dynodebbie
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    CHP IS SAYING THEY ARE IMPOUNDING MY CAR,FOR 30 DAYS...BECAUSE OF HIS SUSPENDED LICENSE.CAN THEY DO THAT?
    Yes they can. Assuming the officer cited your friend for driving while suspended, or driving while unlicensed, then pursuant to CVC section 22651(p), then can impound the vehicle he was driving for 30 days.

    Quote Quoting dynodebbie
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    (OHH NOOO,HOPEFULLY MY INSURANCE WILL COVER ACCIDENT AS IT IS, DUE TO MY NOT BEING THE DRIVER??)
    Well, they may deny coverage because you were not driving, they may deny coverage because your friend's license was suspended, but, they may not care about either of those facts... It all depends on the terms of your policy and you won't find out until you call them!

    Quote Quoting dynodebbie
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    AS THE REGISTERED OWNER, CANT I HAVE THE VEHICLE RELEASED BEFORE THE 30 DAYS?AS I HAVE A VALID CA DRIVERS LICENSE, FULL COVERAGE INSURANCE, AM PROPERLY REGISTERED, AND ALSO HAVE A CLEAN DRIVING RECORD..
    I cannot promise that the CHP will have someone to handle your matter tomorrow (they may), but yes, you maybe able to get your vehicle released prior to the end of the 30 day hold period if you meet some certain conditions.

    You can read the provisions of CVC 22852 which would allow you the opportunity to request a "post-storage" hearing within 10 days of the date the impound was ordered during which you can try and make your case for the release of your vehicle.

    The agency the ordered the tow must grant you such hearing within 48 hours of your request (excluding holidays and weekends -and hence why I said they may not be able to help you tomorrow - but at least you can get the required info and wait until Monday).

    First and foremost, I would suggest that you lighten up on the drama... Then once you've done that, you can contact the CHP station where the officer who order the hold (towed and impounded your vehicle) is stationed out of. And they should be able to explain how to go about requesting the hearing and what you must bring with you. (MY guess is that your friend was given some papaer-work with information regarding who to contact regarding the status of the vehicle).

    Quote Quoting dynodebbie
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    BTW...THE REASON FOR THE ACCIDENT, OR CAUSE OF, WAS THE LADY DRIVING IN FRONT OF MY FRIEND, AT 40MPH, SEEN THE CHP SITTING ON SIDE OF THE ROAD UP AHEAD AND SLAMMED ON HER BRAKES, MADE A COMPLETE STOP IN THE MIDDLE OF A 2 LANE COUNTRY ROAD... FOR NO REASON OTHER THAN SHE SEEN THE CHP..
    Is that your friends version of the story or were you able to verify that through an independent third party?

    Quote Quoting dynodebbie
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    I UNDERSTAND THATS A REAR ENDING,OR A FOLLOWING TO CLOSE...YET, SHE CAUSED THE ENTIRE ACCIDENT.I DO UNDERSTAND AT TIMES PEOPLE DO MAKE COMPLETE STOPS IN THE MIDDLE OF THE ROAD, FOR VARIOUS REASONS..BUT THERE WERE NO DRIVEWAYS, OR ANIMALS, OR ROAD HAZARDS, OR ANYTHING...SHE JUST SLAMMED ON HER BRAKES..AN I DO QUESTION, IS THAT OK??
    Accidents don't happen because people do things that are OK... It does sound however, that this lady stopped abruptly, your friend was either driving too fast for the conditions, or was driving to close to her car and that he was unable to stop in time to avoid a collision. I know you don't want to hear this nor will you believe it, but that kinda sorta makes it mainly his fault! However, this, again, is based on the version of the story you presented here... If the facts/details change, then the outcome might change as well... So don't quote me on that!

    I assume since you mentioned the CHP, that it is likely that they will issue an accident report, although that may take a week or two... Additionally, and assuming your insurer is going to accept a claim, then they will also investigate and come to an independent finding as to who's fault it was, and the claim will be settled between both parties/insurers accordingly. If you find that your insurer is going to deny the claim, then your friend will have to settle matters with the other driver's insurer if she is insured, or settle the matter between him and her if she's not.

    Quote Quoting dynodebbie
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    I MEAN, IF I WANT A NEW CAR, OR A PAINT JOB, OR MAYBE A LITTLE CASH, I COULD JUST SLAM ON MY BRAKES FOR NO REASON AT ALL AND THE CAR BEHIND ME WOULD BE AUTOMATICALLY AT FAULT, AND I WOULD GET WHATEVER I COULD OUTTA THE UNAWARE PERSON BEHIND ME..(IM JUST SAYING,TODAY,THERE ARE MANY SCAMMERS OUT THERE.AND SHE WOULDN'T SAY, WHEN ASKED BY MY FRIEND WHY SHE STOPPED IN THE MIDDLE OF THE ROAD.) ..MY 2006 FORD FOCUS, ACCORDING TO MY FRIEND(HES A MECHANIC, FOR 20+YEARS)DIDNT STOP, BUT SLID RIGHT INTO HER..IM NOT SURE IF BRAKING SYSTEM SHOULD DO THAT,HOWEVER I CANT DO ANYTHING AT THIS POINT...DUE TO MY CAR BEING HELD FOR 30DAYS...HELP!!!!!!!!!!!WHAT DO I DO???IS THIS RIGHT? IS IT LEGAL? IS THERE A WAY TO NOT BE PENALIZED FURTHER FOR LENDING MY CAR TO MY FRIEND,BUT FAILED TO TELL ME HIS LICENSE WAS SUSPENDED..(ALSO ,HIS LICENSE WAS ORIGINALLY SUSPENDED, DUE TO A EXPIRED REGISTRATION, PROOF OF INSURANCE CITATION HE NEVER TOOK CARE OF..SO WHEN IT WAS TIME TO RENEW HIS CDL,THE DMV HELD IT..IT WAS NOT SUSPENDED FOR ANY DUI, OR SPEEDING OR THINGS OF THAT NATURE..I DIDNT KNOW IF THAT MAKES ANY DIFFERENCE...BUT THOUGHT I WOULD INCLUDE IT FOR YOU.AS, I DEMANDED TO KNOW..(A LITTLE TO LATE)..I REALLY CANT AFFORD THIS.I GOT LAID OFF, MY UNEMPLOYMENT JUST RAN OUT,IM A SINGLE MOM,AND NOW IM CAR LESS, TOO..I DONT KNOW WHAT TO DO..ANY IDEAS??I HAVENT EVEN CALLED MY INSURANCE YET. THE CHP, SAID ANY INFORMATION REGARDING OTHER DRIVER, AND THE ACCIDENT WAS TO BE OBTAINED, ONLY BY THE OFFICERS REPORT..SO I DONT KNOW WHAT TO EVEN TELL MY INSURANCE COMPANY.. I HAVE ZERO INFORMATION TO GIVE THEM, BUT WILL CALL MY AGENT FIRST THING TOMORROW MORNING.THANK YOU IN ADVANCE FOR ANY AND ALL ADVICE..AND I WOULD LIKE TO ASK, PLEASE DONT RESPOND IF YOU WISH TO SIMPLY CRITICIZE ME..IM ALREADY FEELING PRETTY STUPID AND REALLY DONT NEED ANY OF THAT..
    OK, I don't see anything that needs to be addressed there other than what I have stated... So again, lighten up on the drama, pay special attention to what the CHP tells you with regards to having your vehicle released, contact your insurer to attempt to file a claim with them. I don't know if your vehicle is drivable or not, but assuming they are going to cover the damage, you should ask your insurer where you should have your car moved to once you get it released, they will want to inspect the vehicle to assess the damage and process a possible claim.

    Good luck!

    Let me also add that it would be in your friends best interest to start working on re-instating his license no matter what the reason it was suspended. This will certainly lighten up on the amount of penalties that he will likely face as a result of this latest incident.

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