Loophole Allows Uninsured To Pick Up Impounded Cars (2024)
Target 7 has uncovered a loophole that allows uninsured drivers to get back behind the wheel over and over again.New Mexico has the second highest percentage of uninsured drivers in the country.If youre caught driving without insurance in Albuquerque, police can have your car towed. But Target 7 has learned that the second the car hits the tow yard, the uninsured driver can walk right in, pick it up and take off again.Madrid Towing owner Gerald Madrid said tow truck drivers cant legally ask for proof of insurance when an uninsured driver comes to pick up their car.The truck drivers, theyre not law enforcement so they dont really have the lawful right to hold onto the car until the owner proves they have insurance, Albuquerque police officer Rob Gibbs said.Madrid said drivers sometimes show up minutes after getting their car towed.They know that there is a loophole, and they know that if theyre cited for no insurance, and they get the car back the same day, sometimes within the hour, Madrid said.Tow truck driver Tina Cooper said half the cars police ask her to tow are uninsured.If the officers are going to tow it, then it should be mandatory to require the insurance to release it because here we are putting them back out on the road with no insurance, Cooper said.The Public Regulation Commission and the city of Albuquerque oversee the towing industry. PRC Commissioner Jason Marks said he didnt know about the problem, but will work to fix it.This whole thing came to my attention from Channel 7s reporting. As a result of the investigation that youre doing, I called the city attorneys office, Marks said. We need to work together to see if we can close that loophole and make the public a little bit safer.Right now, tow truck drivers have their hands tied.I think its only common sense that people need to show proof of insurance before they get their car back, Madrid said.
ALBUQUERQUE, N.M. —
Target 7 has uncovered a loophole that allows uninsured drivers to get back behind the wheel over and over again.
New Mexico has the second highest percentage of uninsured drivers in the country.
If youre caught driving without insurance in Albuquerque, police can have your car towed. But Target 7 has learned that the second the car hits the tow yard, the uninsured driver can walk right in, pick it up and take off again.
Madrid Towing owner Gerald Madrid said tow truck drivers cant legally ask for proof of insurance when an uninsured driver comes to pick up their car.
The truck drivers, theyre not law enforcement so they dont really have the lawful right to hold onto the car until the owner proves they have insurance, Albuquerque police officer Rob Gibbs said.
Madrid said drivers sometimes show up minutes after getting their car towed.
They know that there is a loophole, and they know that if theyre cited for no insurance, and they get the car back the same day, sometimes within the hour, Madrid said.
Tow truck driver Tina Cooper said half the cars police ask her to tow are uninsured.
If the officers are going to tow it, then it should be mandatory to require the insurance to release it because here we are putting them back out on the road with no insurance, Cooper said.
The Public Regulation Commission and the city of Albuquerque oversee the towing industry. PRC Commissioner Jason Marks said he didnt know about the problem, but will work to fix it.
This whole thing came to my attention from Channel 7s reporting. As a result of the investigation that youre doing, I called the city attorneys office, Marks said. We need to work together to see if we can close that loophole and make the public a little bit safer.
Right now, tow truck drivers have their hands tied.
I think its only common sense that people need to show proof of insurance before they get their car back, Madrid said.
This law authorizes cars to be towed and impounded if the driver gets a driving under the influence (DUI), parks in a handicapped or bus zone space, has at least five unpaid parking tickets, parks illegally on private property or any place where they are impeding traffic.
No, if your car gets impounded, you must present the necessary documentation, including your driver's license, the vehicle's vehicle identification number, and proof of auto insurance, to get it released. If you don't have proof of insurance, you'll need to buy a policy before you can get your car back.
It is also possible to get impound fees waived if you can prove to a court that the ticket was issued in error or you have an excuse for violating the law. You will likely still need to pay upfront to get your car out of the impound, but you might be able to get the court to reimburse the fees.
Use the Four-Second Plus Rule when traveling at higher speeds, when visibility is low, or when weather or road conditions are less than ideal. Under the Four- Second Plus Rule, you should maintain a following distance of four seconds plus additional seconds for each additional driving condition.
You will be notified of lien sale via postal service at the address on file with the Department of Motor Vehicles. If you fail to redeem your vehicle, the vehicle will be sold at public auction in attempt to recover the outstanding towing, storage, and lien fees.
Remember, if you live or work in California, the driver's license must be issued by this state (active military is exempt). You will have to pay the “Vehicle Release Fee” to our Records Unit. Depending upon the reason for the impound, the fee varies between $100.00 and $165.00 for impounded vehicles.
You may dispute the validity of the tow by scheduling a hearing within 30 days of the date of the tow. The date selected for a hearing does not need to be within 30 days.
California law requires vehicles to be currently registered if they are driven, towed, stored, or parked on public roads or highways at any time during the registration period. If the registered owner decides to register the vehicle, full registration renewal fees are due.
California Vehicle Code §14602.6(a) authorizes law enforcement agencies to impound vehicles for 30 days when driven by individuals with no driver's license, a suspended license, or a revoked license.
In most cases, the impound fee will be a minimum of $136.50 for a standard-size car or sedan. But if it's a heavy-duty vehicle with more size and weight, the impound fee will increase to around $262.00 on average.
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