Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Angry Apartment Complex Towed My Car, And Towing Company Sold It

    My question involves towing laws for the State of: California
    Hi

    Please let me know what are my options on this.

    I was on a vacation for 1 & 1/2 month during which my apt complex told a towing company to tow my car parked in valid parking lot of my apt complex (for expired registration, I had not pasted the new registration sticker I got from DMV). I had the parking permit to park my car at the place from where it was towed. I was paying the rent for all time during my vacation to the apt complex.

    The towing company had written me letter to claim the car but I was on vacation and was not looking at my mails. The towing company auctioned my car on 9th Jun.

    I came back from vacation on 9th June night and could not see my car in parking lot. I got the towing agency's number from apt complex manager and called to check on them, they told me that they had sold/auctioned the car and I cannot do anything on this anymore.

    Please can you let me know -
    -can I sue the apt complex coz they asked the towing company to tow my car without verifying if the car is registered? They just checked for the registration sticker and did not verify the registration.
    -can I sue towing company to have sold my car? They claim to have notified me thru mail but I could not check my mails on vacation.
    -what are my options on this?
    -The insurance company does not entertain claims related to towing.

    Please advise.

    Thanks,
    Vaibhav

  2. #2

    Default Re: Apartment Complex Towed My Car, And Towing Company Sold It

    The apartment complex is under no obligation to verify registrations (and they don't have access to DMV databases). That's why you're supposed to put the sticker on. Without a valid decal, the vehicle is in violation and they can tow. I agree, it was a crappy thing for them to do, especially if they knew you were on vacation - but they aren't going to have legal liability for towing an improperly tagged vehicle.

    If the towing company notified you in accordance with state law, and failed to receive a response, and waited whatever the prescribed time is under statute before selling the vehicle, you might be out of luck. Perhaps Carl or another Californian familiar with the statutes can tell you the exact time frames in question.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Apartment Complex Towed My Car, And Towing Company Sold It

    You should probably consult an attorney. The tow company almost certainly obtained evidence of registration by the time of the lien sale (which can be initiated after 30 days) but, they may not be under any legal obligation to affirm the management's justification for the tow. It may be incumbent upon the management to affirm the expired status prior to the tow - I just am not sure where that liability might lie in this situation.

    - Carl

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Car Towed Over Expired Registration Sticker, And Towing Company Auctioned My Car

    Is there a sign on the property describing the circumstances under which towing will occur? Something in your lease? If so, what does the notice (or notices) say?

    1. Sponsored Links
       

Similar Threads

  1. Towing: Vehicle Towed for Expired Registration but Registration Valid
    By jasmyna in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 01-08-2013, 12:46 PM
  2. Parking Violations: Ticket for Expired Registration: Registration Sticker Not Yet Received
    By LibDem59 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-12-2010, 09:32 AM
  3. Car Towed from Private Garage Due to Registration Sticker Not Affixed
    By annaya92 in forum Vehicle Registration and Title
    Replies: 3
    Last Post: 03-31-2010, 02:06 PM
  4. Towing: Car Towed for Registration Sticker Expired for Two Days
    By Yohan in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-05-2009, 12:34 PM
  5. Towing: Car Towed Over Expired Registration, But The Sticker Was Defective
    By Livid in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 10-15-2007, 02:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources