What is a Vehicle Impoundment?

Vehicle 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 Vehicle 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 Vehicle 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.

What is a Hybrid Recovery?

A hybrid recovery is a combination of two or more lawsuits to recover the full market value of the vehicle. Because of the Illinois forfeiture statues and case law, a criminal conviction results in the status quo preservation that results in the vehicle remaining in an impound lot until the “owner” can appear for the forfeiture hearing. As a result, the lien holder must pursue a simultaneous legal proceeding to preserve its position and the market value of the impounded vehicle.

Here are some examples of complex impoundment scenarios where a hybrid recovery strategy can be beneficial:

• Vehicle Impounded Due to Civil Asset Forfeiture: Law enforcement agencies may seize vehicles as part of a civil asset forfeiture action, alleging that the vehicle was used in criminal activity. A hybrid recovery strategy can involve challenging the forfeiture proceedings, arguing that the seizure was unlawful or disproportionate, and pursuing damages for loss of use and other related expenses.
• Vehicle Impounded After a Wrongful Arrest: If a vehicle is impounded following an unlawful arrest, a hybrid recovery strategy can be used to challenge the arrest, the impoundment, and seek damages for false arrest, malicious prosecution, and wrongful imprisonment.
• Vehicle Impounded Due to a Parking Violation: If your vehicle is impounded for a minor parking violation, a hybrid recovery strategy can help you recover your vehicle and challenge excessive towing and storage fees.
• Vehicle Impounded Due to a Clerical Error or Miscommunication: In some cases, vehicles may be mistakenly impounded due to clerical errors, miscommunication between law enforcement agencies, or other administrative mistakes. A hybrid recovery strategy can be used to challenge the impoundment on procedural grounds and seek damages for any losses incurred.
• Vehicle Impounded Due to a Dispute with a Repair Shop: If a repair shop wrongfully impounds a vehicle due to a billing dispute or other issue, a hybrid recovery strategy can be used to challenge the impoundment, negotiate a settlement, and seek damages for any losses incurred.

With a hybrid recovery, we can efficiently navigate complex impoundment matters, protect your rights and ensure that your vehicle is returned to you as quickly as possible.

Whitfield v. Muskingum County case finds no right to sue for delayed vehicle return, as immunity protects the defendants from legal action.

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.