Legal Question in Business Law in New Mexico

Car Stolen, now found and towed..

My friend was borrowing my car and drove it to the mall when it got stolen there. The police arrived and filled a report out with him. I was called by him after the report was filed. About a month later it was found. Windows smashed out, dash torn up, ax taken to the hood and sides of the car, the roof smashed in battery taken, etc. The police called a towing company and had it towed to their yard. I don't want to the car anymore as it is not even drivable. The towing company is saying I owe $85.00 to them for towing. I made no verbal assent, no written assent or made any action implying an agreement to them towing the car. In fact I never even talked to the police. I am the registered owner of the car. Now if I'm remembering my contract law correctly, not only do I not owe the towing company anything, I could take the car from the lot without having to pay them as the services were performed without my knowledge. Am I correct in this assumption? Or am I missing something?


Asked on 4/09/09, 4:40 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Car Stolen, now found and towed..

If the car was insured, it is a problem for the insurance company. If not, you will have to pay the towing bill if you want to retrieve the car. If the car has no value, leave it and forget it.

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Answered on 4/09/09, 4:49 pm


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