How To Claim an Abandoned Vehicle in West Virginia

Claiming an abandoned vehicle in West Virginia is a legal process governed by West Virginia Code Chapter 17-24A and administered by designated enforcement agencies and the West Virginia Division of Motor Vehicles. An abandoned vehicle may be claimed by towing companies registered with the Public Service Commission, motor vehicle dealers, repair facilities, licensed automobile auctions, or licensed salvage yards meeting statutory eligibility criteria. Once formal custody is obtained and notice procedures are completed, a claimant may apply for title and sell or dispose of the vehicle at a public auction or to a licensed demolisher or salvage yard.

What Qualifies as an Abandoned Vehicle in West Virginia

Under West Virginia Code § 17-24A-1, an abandoned motor vehicle is defined as any motor vehicle, or major part thereof, which is inoperative and has been abandoned on public property for any period exceeding 5 days, other than in an enclosed building or licensed salvage yard or at the business establishment of a demolisher. Alternatively, an abandoned motor vehicle includes any motor vehicle remaining on private property without the consent of the owner or person in control of the property for any period exceeding 5 days, or any motor vehicle that is unattended, discarded, deserted, and unlicensed and is not in an enclosed building, licensed salvage yard, or the possession of a demolisher.

The statute provides exceptions that protect owners of vehicles stored lawfully on their own property. A motor vehicle is not deemed abandoned if the owner of the motor vehicle is storing the vehicle on the owner's property; the motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner; the owner owns other similar motor vehicles being stored; and the owner is a business licensed to do business in West Virginia and is not in the primary business of offering motor vehicles or parts for sale.

West Virginia also recognizes the category of abandoned antique motor vehicles, defined as vehicles meeting both the abandoned vehicle definition and the definition of an antique motor vehicle, which is a vehicle manufactured more than 25 years before the current date. Special procedures apply for individual claimants seeking an antique abandoned vehicle title.

Process To Claim an Abandoned Vehicle in West Virginia

Understanding the Abandoned Vehicle Process

West Virginia permits only certain categories of entities to apply for title to abandoned vehicles. Only towing companies registered with the Public Service Commission, licensed motor vehicle dealers, motor vehicle repair facilities registered with the Public Service Commission, licensed automobile auctions, and licensed salvage yards are authorized to apply for abandoned vehicle titles. Towing companies not registered with the PSC may apply only for vehicles with a loan value of $7,500 or less. Individuals may apply only for abandoned antique motor vehicles under separate statutory procedures. No person or entity acquires legal ownership through mere possession; title must be obtained from the West Virginia Division of Motor Vehicles through formal application and approval. Once the title is obtained, the possessor may sell the vehicle at public auction or transfer it to a licensed salvage yard or demolisher.

Report the Unclaimed Vehicle

When an abandoned vehicle is discovered on private property, an enforcement agency must first give written notice by registered or certified mail to both the private property owner and the vehicle owner (if ascertainable) that possession will be taken within 30 days unless the motor vehicle is restored to a functional use. Enforcement agencies include public law-enforcement officers of the state, county, city, or town; natural resources police officers; and the Commissioner of the West Virginia Division of Highways and authorized agents and employees.

For abandoned vehicles on public property, an enforcement agency shall take custody of the vehicle without the 30-day notice requirement. Private towing companies hired by an enforcement agency to take custody of an abandoned vehicle shall notify the enforcement agency of the action taken.

Verify Title Records and Owner Information

Upon taking custody of an abandoned motor vehicle, the enforcement agency shall, within 15 days, determine the last-known registered owner of the motor vehicle and all lienholders of record by consulting records of the West Virginia Division of Motor Vehicles or the appropriate agency of the jurisdiction where the vehicle is registered. If the registered owner or lienholder information is known, direct notice shall be sent. If the identity of the last registered owner cannot be determined, if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine the identity and addresses of all lienholders with reasonable certainty, the enforcement agency shall proceed to publication.

Send Required Notices

Within 15 days after taking custody and possession of an abandoned or junked motor vehicle, the enforcement agency shall notify the last-known registered owner and all lienholders of record by registered or certified mail, return receipt requested. The notice shall contain a description of the motor vehicle, including year, make, model, vehicle identification number, and distinguishing marks; the location of the facility where the vehicle is being held; and the location where it was taken into custody; the owner's and lienholder's right to reclaim the vehicle within 10 days after the date notice was received upon payment of all towing, preservation, and storage charges; and a statement that failure to reclaim the vehicle within the 10-day period constitutes a waiver of all right, title, and interest in the vehicle and consent to sale or disposal.

If the identity of the last registered owner cannot be determined or the certificate contains no address, notice shall be published as a Class I legal advertisement in compliance with West Virginia Code § 59-3-1 et seq., with the publication area being the county wherein the vehicle was located. The notice shall be published within 15 days after the vehicle is taken into custody and shall have the same contents as notice by mail, except that the 10-day reclamation period runs from the date of publication. A Class I legal advertisement is published one time in a qualified newspaper. Any notice by publication may contain multiple listings of abandoned or junked motor vehicles.

Allow the Statutory Waiting Period

Owners and lienholders have 10 days from receipt of mailed notice or from the date of publication to reclaim the vehicle by appearing at the storage facility and paying all towing, preservation, and storage charges. The owner or lienholder must furnish proof of entitlement to possession of the vehicle. If the vehicle is not reclaimed within this 10-day period, the owner and all lienholders waive all right, title, and interest in the vehicle and consent to its sale or disposal.

File Notice of Disposition and Arrange Sale

If the abandoned motor vehicle is not reclaimed within the statutory period, the enforcement agency in possession of the vehicle shall arrange for its sale either at a public auction or to a licensed salvage yard or demolisher. For vehicles with a loan value of $7,500 or less, as ascertained by standard industry reference books, a towing company hired to tow and store the vehicle may apply directly to the Division of Motor Vehicles for a certificate of title and registration if the vehicle is not claimed or if owner information cannot be determined.

For towing companies registered with the Public Service Commission, licensed motor vehicle dealers, licensed automobile auctions, and motor vehicle repair facilities, an application may be filed with the Division of Motor Vehicles for a certificate of title and registration if the vehicle is abandoned on the property or place of business of the applicant and if certain conditions are met: the identity of the last registered owner cannot be determined; the certificate of registration or certificate of title contains no address for the owner; it is impossible to determine the identity and address of all lienholders with reasonable certainty; or the vehicle is not claimed by the owner or lienholder after notice within the statutory period.

Publish Auction Notice

If the abandoned vehicle is to be sold at public auction, notice of the auction shall be published as a Class I legal advertisement following the procedures specified in West Virginia Code § 59-3-2, with the publication area in the county where the vehicle is located. The notice shall include the date, time, and location of the auction and must be published within 15 days of the vehicle's being taken into custody. The notice may list multiple abandoned or junked vehicles being sold.

Conduct the Public Auction

The public auction shall be conducted in accordance with state law procedures for fair and open bidding. All persons shall be given equal time and opportunity to participate in the auction. The purchaser receives a sales receipt from the enforcement agency that disposes of the vehicle, which serves as proof of purchase.

Complete The Bill Of Sale And Title Documents

Upon sale at public auction or to a licensed salvage yard or demolisher, the purchaser receives a sales receipt from the enforcement agency. The purchaser of the motor vehicle obtains title free and clear of all liens and claims of ownership. For vehicles sold directly to a licensed salvage yard or demolisher for immediate demolition, wrecking, or dismantling, the sales receipt serves as sufficient title, and the entity is exempt from paying fees and taxes. However, the purchaser at auction must place the motor vehicle in the possession of a licensed salvage yard or demolisher within 20 days of purchase, and the licensed salvage yard or demolisher must demolish, wreck, or dismantle the motor vehicle within 6 months after taking possession. If this deadline is not met, the licensed salvage yard or demolisher shall be required to pay all fees and taxes required under West Virginia Code Article Three, Chapter 17-A.

Apply For Title

Entities eligible to apply for title to abandoned vehicles must submit an application to the Division of Motor Vehicles for a certificate of title and registration. Upon payment of the appropriate title fee, the division shall issue the certificate of title and registration if the statutory conditions are met. Licensed dealers, repair facilities, licensed automobile auctions, PSC-registered towing companies, and licensed salvage yards applying for an abandoned vehicle title are not required to pay sales tax when the vehicle is immediately transferred to a demolisher or salvage yard for demolition or dismantling; only the title fee applies. Upon receipt of the certificate of title and registration, the applicant may sell the vehicle in a private sale or at a public auction.

For individuals applying for an abandoned antique motor vehicle title, special procedures apply. An individual must either be the owner of the private property on which the vehicle is located or have obtained a valid Vehicle Removal Certificate with the property owner's permission. The individual must file appropriate forms and documentation with the Division of Motor Vehicles, pay the required $100 application fee, and complete the search and notice procedures specified in West Virginia Code § 17-24A-6a.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

West Virginia law does not impose any special statutory restrictions on salvage or rebuilt vehicles in the abandoned vehicle process during the ownership claim phase. However, all applicable title, registration, and inspection requirements for salvage or rebuilt vehicles continue to apply to the subsequent owner. If a vehicle has been declared a total loss by an insurer and branded as salvage, compliance with state rebuilding and inspection requirements shall be required before the vehicle can be registered or operated.

Maintain Records

Towing companies and entities taking custody of abandoned vehicles must maintain detailed records of all transactions. Records shall include custody and possession documentation, copies of all notices sent to owners and lienholders, proof of mailing via registered or certified mail, publication notices and affidavits, vehicle description and identification information, correspondence with the Division of Motor Vehicles, the application for title and approval, sales records and receipts, and any auction documentation. Records must be maintained for the time period specified by applicable regulations and applicable Public Service Commission rules for towing companies and shall be subject to inspection by the Division of Motor Vehicles and law enforcement agencies.

West Virginia Storage Fees And Financial Considerations

Storage Fee Rules

Upon taking custody of an abandoned motor vehicle, storage charges begin to accrue. The identified owner of the motor vehicle is liable and responsible for all towing, preservation, and storage costs once notice is issued by the enforcement agency or a hired entity. However, if notice is not issued within 30 days after possession of the vehicle, the identified owner is relieved of liability for towing, preservation, and storage charges in excess of the first 5 days. For vehicles whose owners cannot be ascertained through due diligence or investigation, different notice and liability rules apply.

Towing And Recovery Charges

West Virginia Code § 17-24A-4 establishes that towing and storage charges associated with taking custody of abandoned vehicles are the responsibility of the vehicle owner. The statute does not specify a maximum daily storage rate but establishes that all towing, preservation, and storage charges are the owner's responsibility from the date notice is issued. For a towing company hired by an enforcement agency to take possession, the enforcement agency shall notify the hired company of the owner and lienholder information within 15 days. The hired company shall then notify the registered owner within 30 days by registered mail, return receipt requested, advising of the right to reclaim the vehicle within 10 days upon payment of all charges.

Disputes Over Charges

The statute provides that if a towing company or hired entity fails to issue the required notice within 30 days after possession, the identified owner is relieved of liability for charges beyond the first 5 days. This limitation protects vehicle owners from accumulating excessive storage fees when proper notice procedures are not followed. Any party contesting the validity of the abandonment determination or the appropriateness of charges may raise such claims in any judicial proceeding. The enforcement agency must establish that the vehicle meets the statutory definition of abandoned and that proper notice procedures were followed.

Sale Proceeds And Excess Funds

Upon sale of an abandoned vehicle at public auction or to a licensed salvage yard or demolisher, all proceeds from the sale belong to the enforcement agency or the entity that obtained title to the vehicle. Proceeds must be applied first to satisfy towing, preservation, and storage charges of the possessing entity. The purchaser of the vehicle takes title free and clear of all liens and claims of ownership except the lien for unpaid charges. Any sale at public auction must involve fair bidding procedures open to the public. The purchaser receives a sales receipt establishing ownership.

If an entity purchases the vehicle and subsequently resells it through private or public sale, those proceeds belong to the entity making the resale. West Virginia law does not require remittance of excess proceeds to the original owner, as the vehicle has been deemed abandoned and ownership rights have been waived due to failure to reclaim within the statutory period and to provide the required notice.

Contact Information

West Virginia Division of Motor Vehicles
5707 MacCorkle Avenue SE, Charleston, WV 25304
Phone: 1-800-642-9066 (West Virginia residents) or (304) 558-3900 (out-of-state)
Official Website: West Virginia Division of Motor Vehicles