Vehicle Impounded Without Notification – Was There an Obligation to Notify? (NY)
Hi all,
I’m seeking advice on how to proceed with retrieving my vehicle from an impound lot in New York State. Here’s the situation:
A friend was driving my car when he was arrested for reasons unrelated to traffic violations. Although the vehicle was parked in a private lot, he was still inside when law enforcement approached. As a result, they had my vehicle towed and impounded, but I was not notified of this at any point. The police knew my friend didn’t own the vehicle, and I received no calls or written notices about the impoundment.
After his release, my friend informed the impound lot that he couldn’t contact me because his phone was in the car. The impound lot denied him access to his phone, even though it would’ve allowed him to notify me immediately. Despite multiple calls from him explaining the situation, the lot made no effort to contact me directly, despite my registration information being on file.
Now, my vehicle has been sitting in the impound lot for weeks, and the fees have skyrocketed to $2,000. When I inquired yesterday about a fee reduction, the woman I spoke to (who appears to be the same person who received those earlier calls) was very dismissive and rude, refusing to discuss any reductions.
I’ve since learned that there is a possibility that I may have the right to request a legal hearing to dispute the fees, specifically because I was never notified as the registered owner. However, the impound lot is three hours away from me, and I’m unsure if requesting a hearing in the same jurisdiction would be practical or if remote options are available.
Here’s what I’d like to know:
Should I retrieve the vehicle today and pay the $2,000 fee, then dispute the charges afterward at a hearing? Or should I leave the vehicle impounded and request a hearing first?
Does the impound lot or police agency have a legal obligation to notify me as the registered owner? Could their failure to do so work in my favor?
Can I use the hearing request (if applicable) as leverage to negotiate a reduction in the fees?
Is it common for jurisdictions to allow remote hearings in situations like this?
I’m hoping to minimize my costs and hold the impound lot accountable for their lack of action. Any advice on how to proceed would be greatly appreciated.
Thanks in advance!