is a tow company liable or responsible if i go to recover my vehicle from them and they cant produce vehicle, have lost it?

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is a tow company liable or responsible if i go to recover my vehicle from them and they cant produce vehicle, have lost it?

my car got impounded about 4 weeks ago . no storage or labor leans or forfieture
stuff files, plenty of time left before i could legally lose it. went to tow yard
to remove my belongings from car today 3rd time there, jumping through hoops
getting doc’s sent from carson city and the tow company could not produce my
car. they have lost it, sold it, or destroyed it. i own it, and its been just
over a month since it got impounded. no paperwork has been filed by tow co to
take posession of my vehicle. they say they dont know where it is, and they say
that like its ok, or something.

Asked on September 3, 2016 under Business Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they are liable: if someone loses, damages or destroys, or steals (e.g. sells to another person) your property, they are liable for its value. You don't have to listen to them saying that this is "ok": you can file a lawsuit against them for the then-current value of your car (if you still owned it at the time) and/or for the economic value (not sentimental value) of any possessions in the car. If the amount at stake is less than the maximum for small claims court, suing in small claims, acting as your own attorney ("pro se") to save on legal fees is the best option; if more than that, you should probably retain an attorney to help you.


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