Exasperated, Bob decided to start the process to have the Mustang declared abandoned under the Virginia Abandoned Vehicle Act. That involved sub- mission of an online application to the DMV, which sent a final notice to ED at his last known address, advising him he had 15 days to get the car. Otherwise, it would be sold to a third party or sent to a demolisher. When Ed did not respond, Bob sold the Mustang to one of his mechanics for $2,000. The mechanic then went to the DMV and got a title issued in his name. When Ed finally returned to pick up his car and was informed it had been sold, he sued Bob claiming the abandoned- vehicle sale was improper because the work had never been finished on the car and he never received notice of the sale. The jury agreed with Ed and awarded him $78,500 plus interest. Bob appealed the decision. The Court of Appeals of Virginia didn’t have much trouble with the lack-of- notice claim. Once the DMV received the aban- doned-vehicle application it searched its records and found nothing for Ed. He acknowledged the Michigan address was what he called his “first address” at his parents and he never updated it. That was on him and with no other information to go by, Virginia DMV properly sent the notice to the Michigan address. Under statute, if the DMV fol-
lows the requirements of the statute, which it did, its notice “shall be sufficient regardless of whether it was ever received.” The tougher issue was whether the Mustang was an abandoned vehicle. Clearly, Ed never intended to leave the car there forever. But even though the Abandoned Vehicle Act appears to be aimed at dilapidated vehicles that are left behind on someone else’s property, it isn’t limited to those situations. If a vehicle has remained for more than 48 hours on pri- vate property without the consent of the property’s owner, it becomes an abandoned vehicle. The Court of Appeals decided Ed’s Mustang met this definition and reversed the trial court’s judgement. In the end Bob owed nothing and the mechanic got to keep the Mustang. Ed lost his $78,500 Mustang plus attorney fees at trial and on appeal, which likely exceeded the value of the car. Ed Miller Southeast Division Director Spring Hill, Florida Ed, The best time to get a problem worked out is before it blows up and the legal process starts. Once things get into the court system, all bets are off. An early deal is usually the best deal.—ED
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