If a towing/auction company impounded my car but my notice of this was delayed, am I responsible for additional storage fees?

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a towing/auction company impounded my car but my notice of this was delayed, am I responsible for additional storage fees?

A fee of $50 per day would apply. I never got this letter. They sent out a second notice via certified mail (which I received) saying that my failure to claim the vehicle now meant that 5 days worth of fees would now apply. I called and explained that I never received the first notice, but they still demanded the fee. Then 2 days later, their first notice showed up in my mailbox mutilated, with a stamp across the front saying “DELAYED DUE TO MISDELIVERY – SAN FRANCISCO, CA”. The company insists this is irrelevant and that I still must pay a weeks worth of fees that I didn’t receive proper notice of.

Asked on August 1, 2011 Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely the towing company's position about what you owe is correct in that it placed the notice in the United States mail addressed to you twice where you received the second notice advsing you of the car's impoundment.

Under the mail box rule, if mail is placed in the United States' mail correctly addressed to the recipient with postage pre-paid, it is presumed that the mail is received by its recipeint if it is never returned to the person sending it.

Unfortunately the towing company has the upper hand against you. It has your vehicle and you probably want it back. Getting it back comes with a price that is higher than what it should be had you received the first mailing of its impoundment.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption