Hi, looking for some insurance claim or legal advice.
A friend owned a 2015 Honda Accord, in brand new shape. He was legally parked in his apartment parking lot, in a space reserved for tenants like him. He left for India for one month at the end of June. He returned just a week ago to find his car was gone. He called the police to report it, and they looked it up and said it had been towed and impounded. He called the towing company, and they told him that they had tried to contact him for the past few weeks, but at they hadn’t heard from him, they auctioned his car off and sold it the day before he arrived back home.
Apparently, while he was away, the apartment complex put a note on everyone’s doors, informing of an upcoming parking lot project, and that they would all have to move their cars or else be towed. As he was not there to either receive the notice or move it, his car was towed. The towing company adhered to Washington State law, and sent him two registered letters informing him that they had his car. He had stopped his mail, and never saw those letters. They then auctioned the car following the letter of the law.
He has full auto insurance. He called in a claim against his comprehensive policy, as to him, his car was stolen. The adjuster asked him for a police report number. He called the police to file a report, but they would not do so, citing the fact that his car was not stolen, but was rather towed and impounded. Therefore no police report. He just heard back from the adjuster that the claim will be closed as there is no police report.
So here is the question, does he have a valid claim against his comprehensive policy? He’s lost the use of his car – it was taken from him without his consent, and without any illegal action by him – he wasn’t illegally parked, he had a right to the space. Nothing in the apartment lease states the landlord has the right to tow his car at will. And the apartment had his license plate on file, and knew he was out of the country.
So what did the friend’s lawyer tell him? That car is worth at least $25,000 so it’s worth it for him to hire a lawyer, even if only for a consultation.
If all this is true it wounds like he has strong case against the landlord but as others noted it’s not going to be via insurance, this will require a lawsuit against the landlord.
If the car was sold the day before he returned home, is it possible to reverse the sale and retrieve the vehicle? What happens to the money from the sale of the car? Does he get whatever was over and above the towing and storage fees?
Thanks for your replies so far. The attorney told him to let the claims process play itself out first. Before suing the apartment complex, he’s really hoping there’s a valid claim
Yes, he’s supposed to get the extra money returned back to him once the towing company recovers their impound, storage, towing and auction fees. If they sold it for $15K, he’s only going to see $13K of it, and he owes $22K.
He’s nervous to sue because of the up front investment to the attorney - he doesn’t want to hire on a contingent basis because he can’t afford to give 1/3 of his settlement. It’s a big leap of faith. But if he sues based on the Washington consumer protection act, then a win can get him attorney’s fees.
The landlord knew he was out of the country because he was negotiating his new lease via email from overseas, and apparently was telling them so. They never said a word about the car, although they had his license plate number attached to the lease paperwork.
He should also talk to his insurance guys, and tell them about how the landlord was notified and all that. They might just decide to cover his claim, and then sue the landlord to recover the expenses on his behalf. They usually have lawyers on staff to do just that in other cases.
It almost feels like he has a criminal complaint based on the incredible timing of the situation. The apartment just happens to need to vacate the parking lot in the few days after he leaves. The towing company just happens to have enough time to tow and auction the car the day before he returns. Seems fishy enough to me for the police to accept a report…but nope, they say it’s a matter between him and the towing company.
Lawyer, ASAP. Tell him to get everything he can document about this. I’d even tell him to ask his lawyer if should go down and (politely) demand copies of everything the apartment complex has documented.
He did have a right to tow the vehicle, but he’s required to store it for at least as long as there’s an on-going tenancy. The landlord is also required to return the property on demand, without consideration of storage charges. The landlord can still bill your friend, but the landlord cannot withhold the vehicle until the bill is paid, it must be returned promptly.
The landlord’s on the hook for the car and any rental charges until the landlord comes through with money or the car. The Rental Agreement is the only real document needed, this entitles the tenant to this right alone. The law is crystal clear, the tenant has a right to safe keeping in this situation.
Lawyer first … the landlord pays that as well hahahahahahahaha
If you think there’s a possibility of deliberate sinister intent rather than just incompetence, is there some way that you think the landlord might be profiting from the situation? Selling a car below market price to an accomplice might net a few thousand, but that doesn’t seem commensurate with the obvious risk of getting sued.
Most likely, there simply wasn’t any communication between whoever in the office was talking to your friend while he was out of the country, and whoever was organizing the parking lot project.
I mean, not that that excuses this sort of gross incompetence, but it sounds more like the work of idiots, than criminals. But that still makes it an issue for civil courts, not the cops.