What is a Wrongful Impoundment?
A wrongful impoundment can occur either by a law enforcement agency or a private party. When a law enforcement agency impounds a car or truck, the impounded vehicle is placed in a secured parking lot managed directly by the law enforcement agency or a private contractor. A law enforcement agency may impound a vehicle for parking citations, traffic violations, criminal activity involvement or abandonment.
Wrongful Impoundment in Illinois
In Illinois, vehicles may be impounded that have been seized and removed from public or private property by a law enforcement agency or a private party.
Law Enforcement Wrongful Impoundment
A law enforcement agency may seize a vehicle and impound it immediately for various reasons:
- Traffic Violations: Driving under the influence (DUI), reckless driving, or other serious traffic offenses can lead to a vehicle impoundment.
- Criminal Activity: Vehicles used in the commission of a felony are often impounded either for evidence or as a seizure.
- Unpaid Parking Tickets: Accumulating a significant number of unpaid parking tickets can result in your vehicle being impounded.
- Insurance Lapse: Driving without valid insurance is illegal in many jurisdictions and can lead to impoundment.
- Registration Issues: Operating a vehicle with expired or invalid registration may result in impoundment.
Private Party Wrongful Impoundment
Private parties, after first contacting local the law enforcement agency, can have towed and then impound a vehicle for the following reasons:
- Tow companies, after first contacting local the law enforcement agency, may tow a vehicle and impound it in their lot due to unauthorized parking, or abandonment on private property.
- Tow companies, after first contacting local the law enforcement agency, also impound damaged vehicles to their private lots and only will release upon payment of the tow and storage.
- Repair shops may impound a vehicle when repair parts, services and storage are not fully paid.
- Private Parties must send a certified notice to the registered owner, as well as to a secured lien holder, regarding the vehicle impoundment. The notice must include information about where the vehicle is held, the reason for the impoundment, and the “…year, make and vehicle identification number (VIN) of the vehicle and amount due and owing.”
We litigate whether a governmental agency or a private party has properly impounded your vehicle and has complied with proper notice as well as the statutory formalities of the impoundment.
The Impoundment Process
The Importance of Proper Notice
When a vehicle is impounded, a certified notice must be sent to the registered owner, as well as to a secured lien holder, regarding the vehicle impoundment. The notice must include information about where the vehicle is held, the reason for the impoundment, and the “…year, make and vehicle identification number (VIN) of the vehicle and amount due and owing.”
Negotiating the Impound Fees
Mike has vast experience negotiating the fees for storage and repair fees.
Legally Sound Reasons
Not only must the notice of impoundment be timely sent to the registered owner and secured lien holder, the notice and the reasons for the impound must be legally sound and conform to Illinois statutes and due process.
Replevin Action
A replevin action is a legal process to reclaim property, such as a vehicle, when someone wrongfully retains it. It resolves disputes over rightful ownership or possession, ensuring the property is returned to the legal owner based on ownership and documentation through court intervention.
Conversion
In Illinois, the unauthorized and wrongful control or exercise of ownership rights over a vehicle may be a conversion. It is considered a civil tort, which means it is a wrongful act that can have further consequences. The damages for conversion may include the fair market value of the vehicle, any costs incurred in recovering the vehicle, loss of use, and potentially additional compensation for any emotional distress or inconvenience caused by the conversion.
Recent Vehicle Impoundment Cases
Restitution for vehicle impoundment and repair costs must result directly from the defendant’s criminal actions, per court rulings.
The City of Chicago faces a re-hearing on impoundment fees, questioning the legality of a vehicle’s impoundment under municipal code regulations.
Philadelphia impounded a 2019 Land Rover due to unpaid traffic and parking violations. Case Jones v. Phila. Parking Authority.