A DISABLED woman’s specialist van with wheelchair lift was towed and destroyed after being found abandoned – she then sued.
However, the city denied any wrongdoing.
4
Chicago, Illinois resident Andrea Santiago was confined to a wheelchair after being diagnosed with polio as a child, followed closely by a diagnosis of multiple sclerosis.
His van, a 1998 GMC Savana 1500, was equipped with a $10,000 hydraulic wheelchair lift and parked legally in front of the family’s home.
They parked there for years without any problems — but the summer of 2018 changed everything for Santiago and his daughter, Lisandra Velez.
A month earlier, someone called the city’s 311 number and claimed the vehicle was abandoned.
Then, an employee of the city’s Streets and Sanitation Department claimed his van was abandoned and placed a warning sticker on the windshield to warn that the vehicle would be towed if it was not moved.
“It was absolutely not abandoned,” said Vélez CBS News.
“She has illnesses and doctor appointments that we take her to; She was definitely not abandoned.”
His daughter, Velez, and her husband Mike Reilly removed the sticker and placed signs inside and on the vehicle to let people know the van was not abandoned.
“We scraped everything off the windows and put up a sign saying the vehicle is not abandoned,” Mike said.
“We even left my wife a phone number so they could call and moved the van into position.”
Their efforts were unsuccessful, as the van was still towed a few days later.
All the neighbors signed a petition claiming they saw the van used regularly and that it was not abandoned. Google Earth images showed the van parked in the neighborhood since 2007 and the registration was up to date.
It also had updated handicapped plates and a sign on the rear view mirror.
And still, the van was towed.
“It’s very irritating,” Santiago said.
“For the city to do this, without taking into account who the vehicle belonged to, is disgusting. It’s absolutely disgusting.”
Santiago’s van was towed due to the city’s strict abandoned vehicle policy, giving the city complete discretion to remove a vehicle that had not been moved or used for more than seven days.
If the vehicle is towed and not retrieved within 18 days, the vehicle will be sold for scrap.
The city, in some statements, admitted that it does not use any criteria other than seven days. Seven days, it’s over. So if you’re on vacation, use public transportation, and happen to live in the city and walk and don’t use a car every day – they can take your car.
Jacie Zolna, lawyer
His van was towed on June 13, 2018, and his daughter, Velez, attempted to retrieve it from storage on July 5.
She was rejected because she was not the registered owner of the van and was told she would need a notarized letter giving her permission to take the van.
When she returned later that month, Velez was told the van was destroyed on July 16.
The family, alongside esteemed traffic attorney Jacie Zolna, sued the city for improperly towing and destroying the van by failing to properly notify the family of the impending tow.
The city put a sticker on the van, but the family never received the notification in the mail, which constitutes adequate notification.
4
“Before the government can take your property, they have to give you notice and give you the opportunity to be heard — that’s just the basic principle of the law,” Zolna told Chicago Sun Times.
“Here they didn’t do that; they literally took Mrs. Santiago’s car without warning.”
Initially, Zolna asked the city to pay for a replacement van that would cost about $25,000 — but the city refused.
CLASS ACTION TAKEN
In 2020, the case was filed by a federal judge as a class-action lawsuit against the city, saying the abandoned vehicle police were administered freely without police involvement.
“In some statements, the city admitted that it does not use any criteria other than seven days. Seven days, it’s over,” Zolna said. CBS News.
“So if you’re on vacation, you use public transportation, and you happen to live in the city and you walk and don’t use a car every day – they can take your car.”
The case quickly gained momentum as many people claimed their vehicles were improperly towed – and victory would cost the city millions.
What to do if your car is towed
Unfairly or not, recovering a towed vehicle can be a hassle.
If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are some steps you can take to get it back.
Steps to follow when your car is towed:
- Try to find out why your car was towed. Haven’t you seen a “No Parking” sign? Did you miss your car payment? Have you returned to a lot where there were unpaid citations? Finding the reason may narrow down the phone numbers to dial.
- Locate the vehicle. Most states, cities or counties require towing companies to leave some type of contact information via a posted or mailed sign.
- Recovery dates and times depend on the company that towed the vehicle, but these times will be posted on the website or may be provided by a representative.
- Pay the fees. Be careful to be as quick as possible, as some towing yards may charge per-day storage fees.
If you believe your vehicle was improperly towed, you can dispute the action by following these steps:
- Be quick – many states have a small window of time in which it is acceptable to file a claim against a company that improperly towed your vehicle.
- Gather supporting documents: photos, emails, receipts, police reports, and witness statements, if applicable. The more evidence, the better.
- Familiarize yourself with local laws, as laws for towing companies vary by state.
- Try talking to the towing company. Sometimes it may have been a simple oversight and the matter can be resolved quickly.
- Contact your local Justice of the Peace as they may have more information or resources to help. They are often used for towing cases.
- Speak to a lawyer. Many lawyers offer free consultations and, depending on the case, it may be worth calling on a lawyer.
Source: Oregon Department of Justice, National General, Rak law firm
“It will probably be tens of thousands of vehicles,” Zolna continued.
“We believe that people who were harmed should get the value of their cars back.”
The City of Chicago Law Department said in response to the case being transferred, denying any wrongdoing.
“The city respectfully disagrees with the judge’s decision and will continue to defend the case vigorously,” the statement read.
“The case concerns unregistered vehicles with expired license plates that are abandoned on city streets. The city provides ample notice regarding the towing of these vehicles. Specifically, a warning sticker is placed on the vehicle before it is towed, and the city sends two notice letters in the mail after they are towed.
“The city believes that in light of these three notices, an additional mailed notice is not required by law and adds expenses that would otherwise be paid by city taxpayers.”
THE DECISION
The case was finally resolved in 2022, when the city of Chicago denied many of the complaints against its towing policy.
Court documents show that they denied that Santiago’s notification was sufficient and therefore had no standing.
Velez, his daughter, removed the sticker and did not tell Santiago that the sticker was placed on the van.
4
The city was also not required to replace his truck, as the courts concluded that they acted within the law after sending two letters to the family with instructions on how to recover the truck.
A HAPPY ENDING
However, CBS reported that a handicapped-accessible van was donated to Santiago by George Kopulos, owner of Elmhurst Frame and Alignment, after he heard what happened to it on the news.
The incident happened just a few months after the initial article was published and legal action was pending over the value of the van.
“I wanted to give it to someone who needed it,” he said the exit.
He said he knew about the pending case – but wanted to help her immediately.
“It made us feel really bad when we heard the story that this is so terrible,” said his wife, Donna.
A group of firefighters and a Dodge dealership donated maintenance for the van, proper detailing and new tires.
This story originally appeared on The-sun.com read the full story
