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  1. #1
    Join Date
    Apr 2010
    Posts
    13

    Unhappy Boat Damaged and Missing Items While in City's Possession

    My question involves personal property located in the State of: INDIANA

    I apologize upfront for the long-winded post but I'm at my wit's end. http://www.expertlaw.com/forums/imag...s/wallbang.gif

    Unbeknown to me, my “wonderful” neighbor called (apparently several times in February) our city’s “action line” to complain about an abandoned boat in the neighborhood. Late on a Sunday night, the boat was towed away…

    Only problem with that was that the boat was not abandoned! It was mine and parked in front of my house. It even had a water pump on the cover (to pump the water off the cover) with an extension cord connected to it running across my front yard and into my garage.
    In any event, another neighbor, who witnessed the boat being towed, called and told me the name of the towing company (contracted by the city) that took my boat. I called them and they confirmed that my boat was in their possession.

    When I arrived at the abandoned vehicle lot, they informed me that they could not find a VIN plate on the trailer therefore they could not release it to me despite that I had the Title for the trailer in hand. They told me the steps necessary in order to get my boat back.
    • Go to BMV and apply for a new “MVIN” for the trailer.
    • Once applied for, come back (with app) and pay the tow/storage fees and they will stop charging storage fees because a new MVIN could take up to 30 days.
    • Once MVIN received; Take paperwork to a trophy shop and have them make a MVIN plate for the trailer.
    • Return to BMV and request a new title and registration for the trailer since the VIN no longer matches.
    • Take plate and paperwork to tow lot to have plate attached to trailer which could take up a week.
    What I've done:
    1. Application for new MVIN at BMV. $25 (and missed work.)
    2. Paid the $215 tow & storage fee to stop the $10 a day storage charge while awaiting MVIN. (and missed work.)
    3. Plate made at trophy shop. $12 (and missed work.)
    4. New title/registration. $60 (and missed work.)
    VIN plate attached and I returned last week to get my boat. They escorted me back to the abandoned vehicle lot but couldn’t initially find my boat. We finally found it.

    The trailer jack had been removed and the trailer tongue was lying on the ground. The tow chains were (presumably) thrown into the boat and draped over the bow (fiberglass scratches). One tire is completely flat and beyond repair. The back of the trailer is damaged and the license plate crumbled. (It would seem that since they towed it on a flatbed tow truck, that they just raised the bed until gravity took over and the boat just rolled off with the motor, rear of trailer and license plate slamming into the ground. Additionally, the battery case and bracket (holds the battery in place) is shattered and broken. Items are missing (propeller, anchor, etc.) and the cover was off exposing the interior of the boat to the snow and rain for nearly 2 months. The attendant advised me that if I did not take the trailer that day, they would have to charge me storage fees again.
    Since it only had one tire, I couldn’t exactly tow the boat that day. I was so shocked and distraught. I left without thoroughly inspecting the rest of the boat (stereo, engine compartment, wiring, etc.). From what I saw, it will cost hundreds, if not thousands to get back my boat and repair it.


    My question is who is responsible for all that has happened?
    • My neighbor (who has already cost me over a thousand dollars in the last six months (excluding THIS issue)?
    • The city?
    • The towing company contracted by the city?

    Also, is there anything I can do about my neighbor, aside from moving (which is currently not a viable option)?

    Thank you, in advance…

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Boat Damaged and Missing Items While in City's Possession

    Quote Quoting nobody317
    View Post
    My question involves personal property located in the State of: INDIANA

    I apologize upfront for the long-winded post but I'm at my wit's end. http://www.expertlaw.com/forums/imag...s/wallbang.gif

    Unbeknown to me, my “wonderful” neighbor called (apparently several times in February) our city’s “action line” to complain about an abandoned boat in the neighborhood. Late on a Sunday night, the boat was towed away…

    Only problem with that was that the boat was not abandoned! It was mine and parked in front of my house. It even had a water pump on the cover (to pump the water off the cover) with an extension cord connected to it running across my front yard and into my garage.
    In any event, another neighbor, who witnessed the boat being towed, called and told me the name of the towing company (contracted by the city) that took my boat. I called them and they confirmed that my boat was in their possession.

    When I arrived at the abandoned vehicle lot, they informed me that they could not find a VIN plate on the trailer therefore they could not release it to me despite that I had the Title for the trailer in hand. They told me the steps necessary in order to get my boat back.
    • Go to BMV and apply for a new “MVIN” for the trailer.
    • Once applied for, come back (with app) and pay the tow/storage fees and they will stop charging storage fees because a new MVIN could take up to 30 days.
    • Once MVIN received; Take paperwork to a trophy shop and have them make a MVIN plate for the trailer.
    • Return to BMV and request a new title and registration for the trailer since the VIN no longer matches.
    • Take plate and paperwork to tow lot to have plate attached to trailer which could take up a week.
    What I've done:
    1. Application for new MVIN at BMV. $25 (and missed work.)
    2. Paid the $215 tow & storage fee to stop the $10 a day storage charge while awaiting MVIN. (and missed work.)
    3. Plate made at trophy shop. $12 (and missed work.)
    4. New title/registration. $60 (and missed work.)
    VIN plate attached and I returned last week to get my boat. They escorted me back to the abandoned vehicle lot but couldn’t initially find my boat. We finally found it.

    The trailer jack had been removed and the trailer tongue was lying on the ground. The tow chains were (presumably) thrown into the boat and draped over the bow (fiberglass scratches). One tire is completely flat and beyond repair. The back of the trailer is damaged and the license plate crumbled. (It would seem that since they towed it on a flatbed tow truck, that they just raised the bed until gravity took over and the boat just rolled off with the motor, rear of trailer and license plate slamming into the ground. Additionally, the battery case and bracket (holds the battery in place) is shattered and broken. Items are missing (propeller, anchor, etc.) and the cover was off exposing the interior of the boat to the snow and rain for nearly 2 months. The attendant advised me that if I did not take the trailer that day, they would have to charge me storage fees again.
    Since it only had one tire, I couldn’t exactly tow the boat that day. I was so shocked and distraught. I left without thoroughly inspecting the rest of the boat (stereo, engine compartment, wiring, etc.). From what I saw, it will cost hundreds, if not thousands to get back my boat and repair it.


    My question is who is responsible for all that has happened?
    • My neighbor (who has already cost me over a thousand dollars in the last six months (excluding THIS issue)?
    • The city?
    • The towing company contracted by the city?

    Also, is there anything I can do about my neighbor, aside from moving (which is currently not a viable option)?

    Thank you, in advance…
    Local ordinances governs here, and it depends on whether boats are allowed to be parked in front of houses in residential neighborhoods. If not, then there is nothing you can much do.

    I own a rental in a neighbohood where people spent fortunes keeping up their homes. My tenant on the other hand had a roommate who parked a rusty, graffitti filled box truck in the driveway that he uses for a repair service. Neighbors called the town and screamed at me to remove this eyesore.

    But from my tenants standpoint, neighbors who object to this eyesore are the bigots, and threatened legal action if this piece of crap was towed. My tenant was also yelling that moving was not a viable option.

    In our town, commercial vehicles are not allowed on residential streets, or driveways, so either the truck moves, or the tenant moves. Thankfully he was gone in 3 months.

    Also, cars with no registrations are NOT allowed on public streets even in front of the house.

    And sue the city?? Some guy in my town did that, and found himself written up on every small infraction. So you don't sweep the sidewalk every morning, do you?? That's good for a citation. A crack in the sidewalk?? Another citation, and repair job. Sue the city if you want to go to court every week?? Don't start with them.

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