CrimeBeat Q&A: I received a towing bill for a car I sold. Am I liable?

I sold a car and a few weeks later received a bill from a tow company. ?Apparently, the new owner never registered the car in his name. ?Am I liable for these charges?

Every day tow truck companies receive complaints from people who’ve gotten bills for vehicles they say they no longer own. But in many cases former owners of the cars in question will have to cough up the money.

For this reader, the answer depends on whether they followed proper legal procedure and filled out Department of Motor Vehicle paperwork completely and accurately.

“If you have not transferred the title you’re 100 percent liable, unless they can provide proof of sale and a release of liability,” said Arlene Pearson, manager of Cream’s Towing in Santa Rosa.

Pearson said she deals with this issue “on a daily basis.”

When someone privately sells a car they must go online or fill out a form to transfer the title with the DMV and release themselves from legal liability within five days of the sale.

The DMV estimates 15 percent of transfers submitted are incomplete, leaving the seller on the hook for parking tickets, traffic violations and towing fees. There’s no estimate for the percentage of people who fail to even submit a form, which is also a problem according to the CHP.

In the reader’s case, if he submitted a completed title transfer form to the DMV it’s likely the buyer didn’t uphold their end of the deal.

Buyers in private car deals must go to a local DMV office with a title signed by the previous owner, odometer mileage and proof of smog certification within 10 days of purchase. Other materials might be needed to complete the transfer depending on the situation, so refer to the DMV website for specific details.

Until the buyer goes to the DMV to complete the new registration the name of the previous owner remains on the title, but the pending transfer will be noted on the state database, according to the DMV.

Even so, parking tickets, tow trucks rides and bridge tolls are often delivered to the previous owner if the buyer fails to register the vehicle in their name. Remember to make copies of all paperwork and the buyer’s name, address and phone number.

If the reader goes to the towing company with a proof of sale and release of liability he should be able to get out of paying towing fees, Pearson said.

Car buyers might be doubly out of luck if they left valuables in the car when it was towed, she said. People can only collect items from a car in a tow yard if the vehicle is registered in their name, she said.

Submit your questions about crime, safety and criminal justice to Staff Writer Nick Rahaim at 707-521-5203 or nick.rahaim@pressdemocrat.com. On Twitter @nrahaim.