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View Full Version : OT: It's not moral, but is it even legal?


vav
12-08-2015, 07:11 PM
All right, about 4 years ago I donated my 1996 Accord with 200K + miles to a friend in need. My friend got this car stolen last friday around 10 pm. Next morning (Saturday) the police came to his house because the car had been involved in a chase. The police had taken the car to the PD lot and asked him to get it on Monday (lot was closed Sunday)

Monday morning my friend shows up and to get the car he's required to pay the towing services plus the 2 days at the lot :confused: (about $ 300)

The way the cops explained to him is that they know is not fair but it's the law and there's nothing they can do about it. My friend is WAY more pissed at the PD than to the actual car thief. :crap:

This happened (the robbery) in Harrison, NJ and the car was found in Newark (of course) :rolleyes:

Louis
12-08-2015, 07:34 PM
How much do the owners of the local tow companies pay the city council members? How much does your buddy pay?

That's all you need to know about how the laws will be written.

Hank Scorpio
12-08-2015, 07:35 PM
There are anti-gouging laws in regards to towing although it doesn't sound like it would apply to this situation. He could get a lawyer but it would cost more than the impound charges.

nesteel
12-08-2015, 07:40 PM
All right, about 4 years ago I donated my 1996 Accord with 200K + miles to a friend in need. My friend got this car stolen last friday around 10 pm. Next morning (Saturday) the police came to his house because the car had been involved in a chase. The police had taken the car to the PD lot and asked him to get it on Monday (lot was closed Sunday)

Monday morning my friend shows up and to get the car he's required to pay the towing services plus the 2 days at the lot :confused: (about $ 300)

The way the cops explained to him is that they know is not fair but it's the law and there's nothing they can do about it. My friend is WAY more pissed at the PD than to the actual car thief. :crap:

This happened (the robbery) in Harrison, NJ and the car was found in Newark (of course) :rolleyes:

Pay it, move on. Realize the system isn't setup for whats fair. It's setup to serve itself and a select few it deems worthy. We mere peasants are not in that group. New motto: Protect and Collect.

slidey
12-08-2015, 08:43 PM
Monday morning my friend shows up and to get the car he's required to pay the towing services plus the 2 days at the lot :confused: (about $ 300)

Really sucks to pay even a dime that's not called for, although I suspect that's exactly what your friend will be compelled to do.

If your friend wants to feel a bit better about his situation then you can quote my situation: car got towed in SF past 11p on 12/24 for supposedly blocking a garage. When I called up the SFPD, and made my way to the lot, I was told I owned 550 for storage charges. Its been nearly a year since I paid that money, and I'm still smarting from it.

Oh well, if someone else feels better due to this, why the heck not.

rcnute
12-08-2015, 09:26 PM
Who will pay?

1. Thief.

2. Friend.

3. Joe Taxpayer.

Better your friend than Joe Taxpayer.

Ryan

false_Aest
12-08-2015, 09:31 PM
Happened to me in Boston.

SOL.
SOL.
SOL.

makoti
12-08-2015, 09:33 PM
All right, about 4 years ago I donated my 1996 Accord with 200K + miles to a friend in need. My friend got this car stolen last friday around 10 pm. Next morning (Saturday) the police came to his house because the car had been involved in a chase. The police had taken the car to the PD lot and asked him to get it on Monday (lot was closed Sunday)

Monday morning my friend shows up and to get the car he's required to pay the towing services plus the 2 days at the lot :confused: (about $ 300)

The way the cops explained to him is that they know is not fair but it's the law and there's nothing they can do about it. My friend is WAY more pissed at the PD than to the actual car thief. :crap:

This happened (the robbery) in Harrison, NJ and the car was found in Newark (of course) :rolleyes:

There seems to be a rash of these. A friend had her car stolen from in front of her house. Got it back 3-4 days later. While it was gone, it was involved in 2 killings (shootings), a high speed chase, and ended up in someones yard. When she found out what it had been doing while gone, she traded it in immediately. Wanted nothing to do with it.

brockd15
12-08-2015, 09:44 PM
Who will pay?

1. Thief.

2. Friend.

3. Joe Taxpayer.

Better your friend than Joe Taxpayer.

Ryan

My thought exactly.

I agree that it seems really unfair for him to pay it, but who else would be responsible? Clearly the thief should have to pay, but that's not likely to happen.

Ronsonic
12-08-2015, 10:00 PM
If they apprehended the thief / driver then your bud can pursue compensation as part of the terms of whatever sort of plea deal the perp will take. Here in Florida there's a good chance of that happening and half a chance that he'll make payments as a parole condition.

But Jersey .... dunno about that.

cinema
12-08-2015, 10:19 PM
I would think city would waive the fee here but I guess not. Either way, it still makes it only a $300 car. Pretty good deal in my book.

ultraman6970
12-08-2015, 11:40 PM
Dude got lucky is not one of those out of the blue towing services, those &^^*$%&^$% charge you like 150 bucks a day if not more.

brockd15
12-08-2015, 11:49 PM
I would think city would waive the fee here but I guess not. Either way, it still makes it only a $300 car. Pretty good deal in my book.

That's the way to look at it. :beer:

vqdriver
12-08-2015, 11:53 PM
If it was stolen and the thief, not the vehicles owner, is responsible, wouldn't insurance cover the cost ?

professerr
12-09-2015, 12:31 AM
Who will pay?

1. Thief.

2. Friend.

3. Joe Taxpayer.

Better your friend than Joe Taxpayer.

Ryan

Right on. He's lucky he only has to pay the police department a fee to store his stolen car in their lot pending recovery, and not a pro rata portion of the officers' salary and other PD resources the deployed to recover the vehicle in the first place. Damn moochers want to milk the world.

BobbyJones
12-09-2015, 12:43 AM
This is the dumbest thing I've read on the internet today.

Who do you think Joe Taxpayer is?

Right on. He's lucky he only has to pay the police department a fee to store his stolen car in their lot pending recovery, and not a pro rata portion of the officers' salary and other PD resources the deployed to recover the vehicle in the first place. Damn moochers want to milk the world.

professerr
12-09-2015, 12:53 AM
This is the dumbest thing I've read on the internet today.

Who do you think Joe Taxpayer is?

John Galt.

rcnute
12-09-2015, 12:58 AM
John Galt.

At least concede the tow fee...:fight::fight: :beer:

Ryan

BobbyJones
12-09-2015, 01:01 AM
I so wanna ask: Who is John Galt? ;)


John Galt.

Louis
12-09-2015, 01:03 AM
I so wanna ask: Who is John Galt? ;)

Superman.

professerr
12-09-2015, 01:13 AM
I so wanna ask: Who is John Galt? ;)

Going way OT now:

John Galt is the fictional hero of teenage boys across America, unless/until they've accomplished enough to earn a place amongst their equals or betters, at which point they usually realize they aren't as special as mom said and adapt to working with well others at all levels of society.

Louis
12-09-2015, 01:16 AM
Plus he's also this man's hero:

http://www.thenation.com/wp-content/uploads/2015/04/Paul_Ryan_pathtoprosperity_ap_img_0.jpg

professerr
12-09-2015, 01:29 AM
Plus he's also this man's hero:

http://www.thenation.com/wp-content/uploads/2015/04/Paul_Ryan_pathtoprosperity_ap_img_0.jpg

He's a closet moocher: he was on social security for several years after his father died and had the gall to not pay back a dime.

Louis
12-09-2015, 01:40 AM
When I see that "The Path to Prosperity" title I can't help but think of this book:

http://img.auctiva.com/imgdata/1/1/9/6/6/7/0/webimg/694685653_tp.gif

soulspinner
12-09-2015, 05:40 AM
try your insurance company as this was due to theft(if he has theft...)

Birddog
12-09-2015, 07:45 AM
Theft comes under Comprehensive Coverage, if your friend has Comp (doubtful) then it is a covered loss subject to deductible. I'm currently trying to explain to my Insurance Agent my reasons for wanting Comp and Coll on a 10 year old commercial vehicle (low mileage) and he doesn't see it like I do. It is also possible to get just Fire and Theft Covg but as i recall, that is usually written on vehicles in storage.

93legendti
12-09-2015, 08:12 AM
All right, about 4 years ago I donated my 1996 Accord with 200K + miles to a friend in need. My friend got this car stolen last friday around 10 pm. Next morning (Saturday) the police came to his house because the car had been involved in a chase. The police had taken the car to the PD lot and asked him to get it on Monday (lot was closed Sunday)

Monday morning my friend shows up and to get the car he's required to pay the towing services plus the 2 days at the lot :confused: (about $ 300)

The way the cops explained to him is that they know is not fair but it's the law and there's nothing they can do about it. My friend is WAY more pissed at the PD than to the actual car thief. :crap:

This happened (the robbery) in Harrison, NJ and the car was found in Newark (of course) :rolleyes:
If the car had been stolen and not recovered what would his deductible be?
The car was recovered and placed in a safe lot. That costs something, or should it be free?

AJM100
12-09-2015, 09:19 AM
The cost of impoundment, towing and storage is a cost that is legitimately assessed to the owner of the vehicle under these circumstances.

These out of pocket expenses would be recoverable as "restitution" from the alleged thief during the criminal prosecution. If no suspect is identifiable then you are SOL unfortunately.

Whether insurance will cover the cost is something that could be readily determined by opening a claim, however, I would assume the deductible would be more than the charges.

Unfortunate to be in this situation - that is why these folks are called "victims" :mad:

Mr. Pink
12-09-2015, 09:29 AM
Funny thing, though, this happened in one of the highest tax localities in the country. And yet, New Jersey is standing in line right behind Illinois ready to be the first state to go bankrupt. Puerto Rico doesn't count.

redir
12-09-2015, 10:28 AM
Just look at it this way, you paid the police to get your car back. Were the keys left in the ignition? If so you darn well deserve it ;)

Of course it does seem a bit unethical to charge you for a day that the lot is closed.

grawk
12-09-2015, 10:29 AM
I wouldn't own a car without comprehensive and collision. The older the car, the less it costs to add it. If your agent gives you grief, go with another agent.

djg21
12-09-2015, 12:26 PM
I would think city would waive the fee here but I guess not. Either way, it still makes it only a $300 car. Pretty good deal in my book.


City probably contracts with a private towing/storage service, and cannot waive costs without itself paying the fee. As another has said, your remedy likely lies against the perp, but your chances of seeing a dime are slim to none.


Sent from my iPhone using Tapatalk

bikingshearer
12-09-2015, 01:43 PM
try your insurance company as this was due to theft(if he has theft...)

Even if insurance covers this, my guess is that $300 is below the deductible.

Yes, the OP's situation sucks and it just feels wrong - I've been there. On the other hand, neither towing nor storage are free and somebody has to pay for it. That gets back to the questions above; Who's it going to be? In general, getting it out of the perp will be the proverbial "blood from a stone" exercise. That leaves the car owner/victim or the body politic, meaning the taxpayers.

Reasonable minds can differ as to which is the better solution, but for now at least that policy decision has been made. That sure doesn't make it feel less sucky when it happens to you, though.

Charging a storage fee for a day the yard wasn't open does sound beyond the pale. Unfortunately, I suspect that tilting at that windmill will not yield anything. Worth asking about, though.

NickR
12-09-2015, 02:38 PM
My sister going through something similar. Her was was stolen and several weeks later recovered, insurance paid her out. While the car was missing it got several parking tickets and now the city wants here to pay for the tickets.

djg21
12-09-2015, 02:43 PM
My sister going through something similar. Her was was stolen and several weeks later recovered, insurance paid her out. While the car was missing it got several parking tickets and now the city wants here to pay for the tickets.

This should be easier to deal with. I'd contact the City's Parking Violation Bureau and send a letter with copies of the police report(s).

jh_on_the_cape
12-09-2015, 02:54 PM
disagree. the city should have a city tow truck and city lot and pay for that.

who should pay for the police? who should pay for anything?

that tow and storage was done by the public for the public.

if they pull over a drunk driver and have the car towed, different story. there is fault.

for your friend, it sucks.

America is about freedom, not fairness.

Who will pay?

1. Thief.

2. Friend.

3. Joe Taxpayer.

Better your friend than Joe Taxpayer.

Ryan

goonster
12-09-2015, 02:58 PM
What I really want to know is, does it still have the Creedence?

http://www.thetruthaboutcars.com/wp-content/uploads/2014/03/Big_Lebowski_Torino_Impound-550px.jpg

professerr
12-09-2015, 03:52 PM
disagree. the city should have a city tow truck and city lot and pay for that.

who should pay for the police? who should pay for anything?

that tow and storage was done by the public for the public.

if they pull over a drunk driver and have the car towed, different story. there is fault.

for your friend, it sucks.

America is about freedom, not fairness.

Haven't you heard -- it's every man for himself. Personal responsibility. To each according to his means. Being a victim isn't a license to mooch.

NickR
12-09-2015, 04:02 PM
This should be easier to deal with. I'd contact the City's Parking Violation Bureau and send a letter with copies of the police report(s).

She has sent a letter with copies from her insurance and the paper work giving by the police (receipt that car was stolen). I told her she needs to get the actual policy report.

rcnute
12-09-2015, 04:16 PM
Haven't you heard -- it's every man for himself. Personal responsibility. To each according to his means. Being a victim isn't a license to mooch.

I think you have my point confused with the libertarian bogeyman.

Ryan

velomonkey
12-09-2015, 04:26 PM
Asking who should pay is easy there is only one obvious answer - not the victim!!!!


If the cops outsource towing then part pdf the requirement for getting the contract is that if there is a police report that the vehicle was stolen then the owner doesn't pay - is that soon hard. I'm sure the company could get an insurance policy or something - to take it out on the victim is wrong.

Why not ask who is going to pay for the gas in the cop cars that were involved in the chase, or the cops salary, or the roads that were used, or the electricity for the road lights, or the stops signs, or the stop lights, or the paint on the road . . . . you seeing a trend here.

kevinvc
12-09-2015, 05:22 PM
A couple of years ago my scooter (Vespa-like) got stolen from in front of my house. I filed a police report. A couple of days later I got a call from the cops saying that they had found it ditched in an alley and if I could get there before the tow truck I could take it home.

I was at work but was able to call a friend who lived close by and he got there right as the tow truck driver was starting to hook it up; it wasn't even off the ground or secured or anything. The driver said my friend could give him $50 on the spot or else he would tow it and it would cost a few hundred dollars to pay for the towing and impounding. The cops were already gone and my friend paid him, got the scooter and took it back to my place.

I called the police and reported what seemed to be pretty clear extortion on the part of the tow truck driver - I have no doubt that the money went straight into his pocket. The cops told me that I actually was lucky. Once the driver touched the vehicle he had no obligation to do anything other than finish the job and that it would definitely have cost me a lot more to get it out of the yard.

In the end, I guess I was lucky that it only cost me $50 to bribe the driver rather than a few hundred to go through the legal route. But it still burns me that the police saw nothing wrong with it and don't mind giving business to someone like that.

gasman
12-09-2015, 05:27 PM
The whole thing is a raw deal but let's keep politics out please.

djg21
12-09-2015, 05:32 PM
disagree. the city should have a city tow truck and city lot and pay for that.



who should pay for the police? who should pay for anything?



that tow and storage was done by the public for the public.



if they pull over a drunk driver and have the car towed, different story. there is fault.



for your friend, it sucks.



America is about freedom, not fairness.


Depends on the city. NYC does. Many smaller cities do not. Whether a city does or does not is most often a question of economics.





Sent from my iPhone using Tapatalk

rnhood
12-09-2015, 06:21 PM
If the key was left in the car and it was stolen, then the owner should have to pay for any towing, storage, scrapping, police fees, and the auto insurance carrier should refuse any claims.

ajhapps
12-09-2015, 07:29 PM
When I was in college, someone stole the wheels off of my car (stock parts, ···???). Luckily, it was a local idiot who was caught when I was standing with the police, looking at my car on blocks, and the perp came back for the jack he'd left under the car. It was awesome to watch a pickup truck flooring it in reverse as the cops gave chase! Must have made their day. Most annoying part was that the kid tossed all of the nuts to the wheels out the window while being chased, and they weren't recovered. I had to have my car towed home by AAA.

Anyway, when the kid went to court, I showed up with a receipt for replacing the parts and the gas I had to pay to drive to buy everything. The judge made the kid pay for the stolen/lost parts, but laughed and didn't award me reimbursement for the gas.

I later saw him working at the local Jiffy Lube... seriously??? A car thief working at an auto service center just seems wrong.

cmg
12-09-2015, 10:27 PM
yea, not fair, pay it or lose and buy something else.

DHallerman
12-10-2015, 03:48 PM
My thought exactly.

I agree that it seems really unfair for him to pay it, but who else would be responsible? Clearly the thief should have to pay, but that's not likely to happen.

Who else would be responsible?

The local government, and those acting for that government, such as the towing company. Or have that government pay the towing company.

I mean, the government will pay to prosecute the thief, and will pay to incarcerate him if found guilty -- so therefore the damage the thief has done should just be included in the overall costs of the crime.

Dave, whose blood boils imagining himself the victim who also has to pay for being victimized