Legal Question in Criminal Law in California
My brother has just got arrested for aggravated assault. Because he was driving my car at that time, my car is is now towed. The towing company said they can't release my car to me because the police has to do some searching or whatever with the vehicle for couple days. My problem is during these couple of days, they are still charging me daily for the vehicle being there. Are they allow to do that? Shouldn't the police pay it?
3 Answers from Attorneys
The lot is allowed to charge you this fee. You are entitled to reimbursement from your brother, but not from the police. I don't know whether your brother can or will pay you back given his present circumstances, but if he doesn't then you will have to absorb the cost.
The same issue arises when cars are towed when legally parked, by error or by malice of some adjacent property owner. The towing company provided the service and they are entitled to their fees for towing and storage. Any recourse is from the wrongdoer. In your case, the police are not wrongdoers, so you have no recourse from them. They are allowed to collect evidence of crime. Mr. Hoffman is correct. Your only recourse is from your brother. Good luck.
The police pay it?? Nice try. They don't own it, they aren't responsible for it, and they are doing their job of investigating a crime. That's the risk you run in loaning a car to someone who might use it in a way, criminal conduct, that gets it towed.
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