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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40120
Experience:  30 years in civil, probate, real estate, elder law
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A rental car was used by a renter, he was taken into custody

Customer Question

a rental car was used by a renter , he was taken into custody and the car was towed and has now been stored at the tow yard for nearly 30 days. the tow yard just now contacted us , he has run the bill up to $3000.00 and demands payment to recover or he is going to lien sale. My question is ...what is his legal responsibility to inform us? Tell me he has a responsibility to run a KSR and do his best to contact the legal owner ...help
JA: What state is this in? And how old is the car?
Customer: 2013 civic, Im in california, the car is in Wyoming
JA: Has anything been filed or reported?
Customer: no idea, we did just here from the tow yard today, the car has been delinquent in payment for about 3-4 weeks with no communication between us and the renter
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 13 days ago.
Category: Legal
Expert:  Ray replied 13 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 13 days ago.

You may want to try and resolve this.They failed to contact you the owner and arguably they did not operate in good faith.You have some good arguments that they failed to even try to contact you and resolve it.You might also want to see of the coverage on the vehicle if you it would cover some or all of this.Otherwise you may claim the vehicle if it is worth it to you and sue the tow company later.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 13 days ago.
Ray, do you know what the law states before I shell out the 3k, I don't want to be cheated nor cheat the tow company of reasonable fees. If I know they are legally suppose to contact me which Im sure is the case, how many days from the contact should I have to pay storage...
Customer: replied 13 days ago.
You cannot just confiscate property and not contact the owner that it has been impounded surely. california law states they must contact with 7 days.
Expert:  Ray replied 13 days ago.

Here is the Oregon law on towing and fees..

https://www.oregonlaws.org/ors/98.812

Expert:  Ray replied 13 days ago.

They have a lien on it and can sell it

2015 ORS 819.160¹

Lien for towing

(1) Except as otherwise provided by this section, a person shall have a lien on the vehicle and its contents if the person, at the request of an authority described under ORS 819.140 (Agencies having authority to take vehicle into custody), tows any of the following vehicles:

(a) An abandoned vehicle appraised at a value of more than $500 by a person who holds a certificate issued under ORS 819.480 (Vehicle appraiser certificate).

(b) A vehicle taken into custody under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) or 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction), unless it is an abandoned vehicle appraised at a value of $500 or less by a person who holds a certificate issued under ORS 819.480 (Vehicle appraiser certificate).

(c) A vehicle left parked or standing in violation of ORS 811.555 (Illegal stopping, standing or parking) or 811.570 (Improperly positioning parallel parked vehicle).

(2) A lien established under this section shall be on the vehicle and its contents for the just and reasonable charges for the towing service performed and any storage provided. However, if the person that tows the vehicle fails to comply with the notice requirements of subsection (3) of this section, the amount of any lien claimed under this section is limited to an amount equal to the just and reasonable charges for the towing service performed and storage provided for a period not exceeding 20 days from the date the vehicle and its contents were placed in storage. The lien is subject to the provisions for liens under ORS 98.812 (Towing and storage of unlawfully parked vehicle). The person holding the lien may retain possession of the vehicle and contents until the charges on which the lien is based are paid. A lien described under this section does not attach:

(a) To the contents of any vehicle taken from public property until 15 days after taking the vehicle into custody.

(b) To the contents of any vehicle that is taken into custody for violation of ORS 811.555 (Illegal stopping, standing or parking) or 811.570 (Improperly positioning parallel parked vehicle).

(3) A person that tows any vehicle at the request of an authority under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) or 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction) shall transmit by first class mail with a certificate of mailing, within 20 days after the vehicle and its contents are placed in storage, written notice, approved by the authority, containing information on the procedures necessary to obtain a hearing under ORS 819.190 (Hearing to contest validity of custody and towing). The notice shall be provided to the owner, a person entitled to possession or any person with an interest recorded on the title to the vehicle. This subsection does not apply to a person that tows an abandoned vehicle that is appraised at a value of $500 or less by a person who holds a certificate issued under ORS 819.480 (Vehicle appraiser certificate). [1983 c.338 §422; 1985 c.16 §223; 1993 c.326 §5; 1993 c.385 §6; 1995 c.79 §379; 1995 c.758 §12; 2007 c.538 §15; 2009 c.11 §99; 2009 c.371 §10]

Customer: replied 13 days ago.
Wyoming is where the car is...please help , I can look up the law myself I guess, i thought this would be far quicker>>
Expert:  Ray replied 13 days ago.

Thanks..

Customer: replied 13 days ago.
Ray thanks for trying, I see absolutely nothing though on my question...I do appreciate the attempt though:) Tim
Expert:  Ray replied 13 days ago.

Tim the bot***** *****ne her eis they have right to tow it and charge storage and line it and sell it if you don't claim it.Not a lot of leverage I am afraid.Thanks and good luck to you Tim.