Location: Westchester County, NY
Hello. This question concerns liability relating to the towing and storage of a vehicle, abandonment, and a fallen tree.
My car was parked in a legal (and unregulated) zone on March 13. On March 14th, during a severe storm, a tree lining the street on public property fell near--but did not strike--my vehicle.
My car was towed and impounded that day, March 14th, on the order of Con Edison (the local power utility company), presumably while they performed emergency services to secure the fallen tree and power lines at the site.
I didn't realize anything had occured until 3 days later, when I received an impound notice in the mail. When I called the police to inquire, the desk officer I spoke to, reading from notes on the record, explained that the car had been "removed for safekeeping" on the 14th, and "marked abandoned" after a "tree had fallen." (I made a visual inspection; there's a massive fallen tree in the vicinity). The mailed impound notice itself states, "Pursuant to Section 1224 of the Vehicle and Traffic Law of the State of New York, you are liable for the costs of removal and storage of said vehicle." I spoke to someone at the tow lot directly, and he confirmed that the vehicle had been towed on Con Edison's order, and did not appear to be damaged.
Am I liable for any storage and removal costs? If so, how can that be? NY Section 1224 defines abandonment of a legally parked car thusly: "...left unattended for more than forty-eight hours, after the parking of such vehicle shall have become illegal, if left on a portion of a highway or public place on which parking is legally permitted." My car was legally parked for fewer than 24 hours before it was towed "pursuant to Section 1224."
(Though I didn't notice until a few days later--clearly, I'd haven't been a regular observer of the 48-hour rule--the car was towed within 1 day of being parked.)
What should I do? Thanks, so much, in advance for any advice you might offer. Much appreciated.
Hello. This question concerns liability relating to the towing and storage of a vehicle, abandonment, and a fallen tree.
My car was parked in a legal (and unregulated) zone on March 13. On March 14th, during a severe storm, a tree lining the street on public property fell near--but did not strike--my vehicle.
My car was towed and impounded that day, March 14th, on the order of Con Edison (the local power utility company), presumably while they performed emergency services to secure the fallen tree and power lines at the site.
I didn't realize anything had occured until 3 days later, when I received an impound notice in the mail. When I called the police to inquire, the desk officer I spoke to, reading from notes on the record, explained that the car had been "removed for safekeeping" on the 14th, and "marked abandoned" after a "tree had fallen." (I made a visual inspection; there's a massive fallen tree in the vicinity). The mailed impound notice itself states, "Pursuant to Section 1224 of the Vehicle and Traffic Law of the State of New York, you are liable for the costs of removal and storage of said vehicle." I spoke to someone at the tow lot directly, and he confirmed that the vehicle had been towed on Con Edison's order, and did not appear to be damaged.
Am I liable for any storage and removal costs? If so, how can that be? NY Section 1224 defines abandonment of a legally parked car thusly: "...left unattended for more than forty-eight hours, after the parking of such vehicle shall have become illegal, if left on a portion of a highway or public place on which parking is legally permitted." My car was legally parked for fewer than 24 hours before it was towed "pursuant to Section 1224."
(Though I didn't notice until a few days later--clearly, I'd haven't been a regular observer of the 48-hour rule--the car was towed within 1 day of being parked.)
What should I do? Thanks, so much, in advance for any advice you might offer. Much appreciated.
