How To Claim an Abandoned Vehicle in New York

Claiming an abandoned vehicle in New York is governed by Section 1224 of the Vehicle and Traffic Law and administered by the New York Department of Motor Vehicles. The process differs based on whether the vehicle is claimed by a local authority, an automotive-related business, or a private property owner. Understanding the applicable procedure and requirements—including definitions, local authority involvement, notice protocols, and title application processes—is essential for proper legal disposition of such vehicles.

What Qualifies as an Abandoned Vehicle in New York

New York State defines abandoned and unclaimed vehicles under distinct statutory categories. Under the Vehicle and Traffic Law, a motor vehicle is deemed abandoned if left unattended under any of the following circumstances:

• Without number plates, for more than 6 hours on any highway or other public place. This includes vehicles left on public roadways without proper license plates and left unattended during the specified period.
• For more than 24 hours on any highway or other public place. A vehicle left unattended on any highway or other public place for this duration qualifies as abandoned, except on portions of highways or public places where parking is legally permitted.
• For more than 48 hours after parking becomes illegal. This applies to vehicles left on a portion of a highway or public place where parking is legally permitted, but parking subsequently becomes illegal, and the vehicle remains unattended for the specified period.
• On the property of another for more than 96 hours without permission. This category applies to vehicles left on private or public property not owned by the vehicle owner, including driveways, parking lots, and similar locations, provided the vehicle was abandoned without the property owner's consent.

An unclaimed vehicle is a motor vehicle other than an impounded vehicle that is held by an automotive-related business and may be lawfully released to the customer upon payment for reasonable charges for repairs, towing, and storage. If an automotive-related business tows or stores an abandoned vehicle at the request of law enforcement, and the local authority does not exercise its right to take custody and ownership, the vehicle is classified as unclaimed.

New York law vests significant authority in local authorities—defined as the city, town, or village where a vehicle is abandoned—or in the relevant state agency if the vehicle is abandoned on state property. Local authorities are authorized to take custody of any abandoned vehicle within their jurisdiction, whether the vehicle is on public or private property.

Process To Claim an Abandoned Vehicle in New York

Understanding the Abandoned Vehicle Process

In New York, the legal procedure for claiming an abandoned vehicle depends on which entity holds custody and whether certain eligibility criteria are met. Local authorities have the primary authority to take possession of abandoned vehicles. If the local authority declines to exercise this right, specific pathways exist for private property owners and automotive-related businesses to proceed. The process may culminate in transfer to a vehicle dismantler or itinerant vehicle collector, sale through a garageman's lien procedure, or other authorized methods. Mere possession of an abandoned vehicle does not confer ownership unless the prescribed legal procedures are followed.

Contact the Local Authority

The first step is to contact the local authority with jurisdiction over the abandoned vehicle. The local authority must determine whether it wishes to take custody of and own the abandoned vehicle. The local authority is the city, town, or village government in which the vehicle is abandoned. If the vehicle is abandoned on property owned by the New York State Thruway Authority, the Office of Parks, Recreation and Historic Preservation, the New York State Department of Transportation, or another state agency, that agency is the local authority. Before proceeding further, verify with local law enforcement that the vehicle has not been reported as stolen.

Determine Eligibility for Direct Dismantler Transfer

If the local authority declines to exercise custody, a private property owner may directly transfer an abandoned vehicle to a registered dismantler or itinerant vehicle collector only if the vehicle meets all of the following criteria:

• Wholesale value is $1,250 or less. This threshold is based on the vehicle's fair market value at the time of abandonment.
• Vehicle is 10 or more model years old. To determine eligibility, subtract 9 from the current calendar year; all vehicles of that model year and older qualify.
• Vehicle has been abandoned for at least 1 month. The statutory waiting period must be satisfied before any transfer action.

If all three conditions are met, the property owner may proceed directly to dismantler transfer using the Statement of Abandoned Vehicle (Form MV-37). No filing fee applies to this form. The dismantler or collector must be registered with the New York Department of Motor Vehicles.

File a Garageman's Lien for Other Vehicles

If the abandoned vehicle does not meet the direct dismantler transfer criteria, or if an automotive-related business holds the vehicle, a garageman's lien procedure may be used. This process applies to vehicles held for storage, repairs, or towing charges. Automotive-related businesses holding a vehicle may file a lien sale to recover unpaid charges and obtain ownership or sale authority.

File a Notice of Lien and Sale using Form MV-901C (Garageman's Lien form). This form requires notification to the vehicle owner and any known lienholder, publication of the sale, and compliance with specific notice timelines before the vehicle may be sold. Alternatively, for vehicles worth less than $500, Form MV-901D may be used. The $50 title fee applies in addition to standard transfer costs.

Send Required Notice to Owner and Lienholder

The entity holding the vehicle must send a notice by registered or certified mail, return receipt requested, to the registered owner of record and to every lienholder disclosed by the Department of Motor Vehicles records. The notice must inform the owner and lienholder that the vehicle is held, the amount owed, the reason for the lien or hold, and the procedure and timeline for redemption or sale. If the owner or lienholder redeems the vehicle by paying the claimed amount and any applicable costs, the holding process terminates.

Comply With Notice and Publication Requirements

If no redemption occurs within the notice period prescribed by law, the vehicle holder must publish a notice of sale. Publication must occur in a newspaper or other publication of general circulation in the county where the vehicle is held, once a week for 2 consecutive weeks, with publications at least 7 days apart, and with the first publication occurring not less than 10 days before the proposed sale date. The published notice must include the vehicle identification number, model year, make and body style, the proposed date, time, and place of sale, and other details as prescribed.

Conduct the Sale

The abandoned vehicle may be sold at the advertised date, time, and location, either at public auction or through other means specified in the garageman's lien process. The sale must be conducted in accordance with the notice published and all applicable procedures. If the vehicle is suitable for operation on public highways, it shall be sold at public auction to the highest bidder. Any net proceeds from the sale after deduction of removal costs, storage charges, repair costs, sale expenses, and lienholder claims, must be remitted to the vehicle owner, if identifiable, or held in accordance with applicable law.

Title and Registration for Purchased Vehicles

The person or entity acquiring a vehicle through any of these processes must apply for a New York certificate of title. The title application must be filed with the Department of Motor Vehicles and accompanied by the appropriate bill of sale, lien sale document, or other proof of lawful acquisition as applicable. The applicant must submit proof of ownership, which may include the garageman's lien document, the Statement of Abandoned Vehicle form, or a similar instrument authorized by law.

Bonded Title Application

If an applicant cannot provide a title certificate or other conventional proof of ownership for an abandoned vehicle acquired outside the garageman's lien or dismantler transfer procedures, a bonded title may be required. The applicant must obtain a Certificate of Title Bond (Form MV-994) from a surety company authorized to issue bonds in New York State. The bond amount is typically set at 1.5 times the vehicle's market value. The bonded title application must include evidence that the applicant legally possesses the motor vehicle. Bonded title applications are subject to approval by the Department of Motor Vehicles and typically take 4 to 5 weeks to process.

Pay Title and Registration Fees

The title application fee is $50, payable once to the Department of Motor Vehicles. Annual or two-year registration fees apply based on the vehicle's weight classification. Registration fees for passenger vehicles range from $26 to more than $200, depending on factors including vehicle weight, type, and geographic location within New York State. Transfer fees and other supplemental charges may apply. The Department maintains an online fee estimation tool for calculating specific costs based on vehicle specifications and use.

Salvage and Rebuilt Vehicles

If the vehicle being transferred or titled bears a "salvage" brand due to prior damage, the brand status carries forward to any new title issued. A salvage vehicle must be restored by a qualified rebuilder, inspected by the Department of Motor Vehicles, and granted a "rebuilt" designation before it may be operated on New York public highways. Special restrictions and procedures may apply to salvage vehicles, and such vehicles may require a bonded title or additional documentation during the title application process.

Maintain Records

All records related to the abandoned vehicle claim or sale must be preserved, including the original report to the local authority; all notices sent to the owner and lienholder with proof of mailing, publication proof, the bill of sale or lien sale document, title records, photographs documenting the vehicle's condition, and invoices for any removal, storage, or repair services. Records must be maintained in accordance with applicable DMV recordkeeping and audit requirements.

New York Storage Fees and Financial Considerations

Storage and Removal Charges

Any person claiming or removing an abandoned vehicle must pay the costs of its removal and storage. Storage fees accrue from the date the vehicle is taken into custody. However, if an automotive business holds an unclaimed vehicle at the request of law enforcement and the local authority declines to exercise ownership, the costs of removal and storage may be pursued against the eventual buyer or may be satisfied from sale proceeds as a lien.

Costs Applied Against Sale Proceeds

When an abandoned vehicle is sold through a garageman's lien, a dismantler's transfer, or another authorized sale, the net proceeds are calculated by subtracting all costs incurred in holding, maintaining, and selling the vehicle from the sale price. Such costs include removal fees, daily storage charges, repair or preservation expenses, publication costs, and sale facilitation expenses. Only net proceeds remaining after these deductions are remitted to the owner or retained as applicable.

Contact Information

New York Department of Motor Vehicles
6 Empire State Plaza, Albany, NY 12228
Phone: (518) 402-4838
Official Website: New York Department of Motor Vehicles