Legal Question in Personal Injury in California

My car was stolen and wrecked. It was taken without permission by a relatives daughter. The girl has mental problems and the police know she is a 5150. When the police came to the accident she insisted that I had given her a key to the car. I did not. This girl it turns out also did not have a license. The police towed the car to impound. The fees to get it out were around 1,000. I had a towing hearing to protest the fees and the towing as the car was stolen and the accident happened less than 40 feet from my house and the police could have just let me put the car in my driveway as it was still drivable. The towing officer didn't even want to hear my side of it. He basically told me to shut up and pay the money. Can I further protest in hopes of having my money returned?

I told the police at the time of the accident that she ahd taken the car withnout permission, that it was stolen.


Asked on 10/16/09, 9:14 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You have to check with the agency handling the hearings as to what else you can do. You encountered one of the most common rip off local govenment encourage and inable. I also had to pay storage charges for my stolen car [no question but that it was stolen] and the storage people [who often steal items from the cars] blame the police and hide behind a law not requiring them to do anything as to notifying the owner for several days while the charges build up]. The police say it is not their job to notify the owner or will claim they tried to do so.

I doubt there is anything that you can do successfully beyond trying to get the money from the girl or her parents if she is a minor, seeing if you can convince your car insurance adjuster that it is a covered loss [they will reject that]. If yo do not mind losing a day from work, file a claim within 180 days of thh incident with the public entity involved [Government tort Claims Act], the sue it and the towing and storage company and the girl in Small Claims Court trying to get a joint and several judgment. If you win, you are a hero. Also complain to the governing body of the local jurisdiction.

If you want to feel better, chalk it up to one of the injustices of life and push it to the back of your mind.

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Answered on 10/16/09, 10:38 pm


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