Legal Question in Civil Litigation in California

car impounded

hello- a now former friend of mine took the keys to my car while i was sleeping without my knowledge or permission. he apparently pulled over and fell asleep. he was approached by police, and they subsequently impounded my car. he will not help me get it out, and it is now over a thousand dollars and is about to get auctioned off. i can't pay the fee to get it out, and i don't know what to do. i am ready to just accept that it is gone, but if i have any other options that are available to me, i would be truly grateful. thank you for your time.


Asked on 6/21/05, 6:21 pm

2 Answers from Attorneys

Christopher Kall Law Offices of Christopher A. Kall

Re: car impounded

If your "friend" has been charged with a crime, repayment of your damages may be imposed as part of sentencing. In addition, in California, there is a victim's compensation fund that may be available to you in this circumstance. As an alternative, if your "friend" has insurance or financial resources, you may be able to sue him/her to recover the value of the property that you have lost, including the cost of a rental car or any other expense that you were required to incur as a result of the loss of your car. If your car was "stolen," you may also make a claim with your insurance company and have them recover the car for you. In any event, if you want to save your car before it goes to auction, contact the salvage yard immediately and see if you can work-out some deal with them before the auction. Once it is sold, the car is lost and you will then only be able to recover its value, rather than the car itself. In order to determine your options, you should definitely consult with a lawyer to determine whether you can do this yourself or whether you need the assistance of a lawyer. This initial consultation should be provided to you free of charge.

Good luck.

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Answered on 6/22/05, 7:10 am
Sam Hochberg Sam Hochberg & Associates

Re: car impounded

The big question is this: WHY was the car impounded? If it was because he was being charged with a CRIME, then you'd want to contact the Assistant or Deputy District Attorney (or criminal Prosecutor, etc), and ask to have the man who was driving to PAY YOU FOR THE CAR, as a condition of any probation or sentence. In case the driver was NOT charged with a crime, then it occurs to me that he might be charged on another matter: HE STOLE YOUR CAR! Did you ask to press charges? TALK to your DA's office, and see if they can help, possibly from your state's CRIME VICTIM'S COMPENSATION FUND. I don't know for a fact that there IS such a program in California, but I'm virtually certain there is.

I don't know that you need a lawyer, but if the route of a criminal charge wouldn't get payments to you QUICKLY enough to avoid the car being sold at auction, then I'd sure be talking to Victim's Compensation; again, presuming there IS such a creature in California.

Good luck to you!

Sam

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Answered on 6/21/05, 8:14 pm


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