Legal Question in Real Estate Law in California

How can I get my stolen car back?

On 8/18 my unregistered car was stolen from my driveway (approx 10yards from the street). I was notified by mail on 8/24 that it had been impounded since 8/18.My question is:Do I have to pay the $500.+ to get it back or do I have any other options? This is Alameda County.


Asked on 8/30/06, 1:47 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How can I get my stolen car back?

By "unregistered," do you mean that the license was not current and you didn't have proper tags, or that you aren't "on title?"

Are you sure it was stolen, or was it towed by someone acting under proper authority or thinking they had proper authority?

Charges for towing, impounding and storage are regulated by ordinance in most cities and counties. I would suggest you handle your problem by doing the following:

1. Make sure you aren't delinquent on any of the following:

(a) Registering the vehicle in your name with the DMV, and having a "pink slip" showing you as the registered owner at your correct address. Without your name on the pink slip, there is a serious question as to whether you are the owner or entitled to claim ownership.

(b) Payments on a loan secured by the vehicle;

(c) Payment of current-year license fees, and if the vehicle isn't to be operated, payment of the lower "non-operation" fee and checking the right box on the payment form;

(d) Payment of any tickets associated with the vehicle; and

(e) Proper display of license plates and sticker.

2. Next, ask for and read the towing and impound rules and authorized rates. I'd start with the management of the garage; if they don't have them, try the police or sheriff department and then City Hall. Satisfy yourself that the charges are permissible under the circumstances of the impoundment.

3. Obtain and read the police report, if any. If this was truly a theft, there should be a report.

4. Once you have all the facts per 1 through 3 above, you will be in a position to either agree that the charges are OK or to demand that they be reduced.

If the thief is ever caught, you may be able to ask for restitution of your damages as part of the sentence.

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Answered on 8/30/06, 1:01 pm


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