Hello. Thank you for using JustAnswer.
Unless they can demonstrate that the person who was in possession of the vehicle was authorized to use it when the accident occurred, or that unauthorized possession was gained due to the owner's negligence, then there is no basis to charge the owner the fee.
However, you may have to get the court involved to get the vehicle released without charge.
My first step would be to discuss the issue with the prosecuting/district attorney assigned to the case and see if they can help you.
they are saying that they had keys to the vehicle, but she still had her keys with her.But by no means did she give anyone permission.In fact, she called the police as soon as she woke up that morning.
Again, it doesn't sound as if they have grounds to charge her the fee in this instance.
The following we address as a sample motion for return of property that is filed in a case where evidence has been seized. The owner may have to get the court involved to compel the police department to release the vehicle without the fee:
Thank you so much for you help, you are the best!!1
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).