How To Claim an Abandoned Vehicle in New Hampshire

Claiming an abandoned vehicle in New Hampshire is a legal process governed by RSA Chapter 262 and administered through the Division of Motor Vehicles. The procedures govern the removal, storage, notification, and sale of vehicles that meet statutory abandoned vehicle criteria.

What Qualifies as an Abandoned Vehicle in New Hampshire

An abandoned vehicle in New Hampshire is defined as a motor vehicle left for more than 24 hours without appropriate permission or at a storage facility, as described in RSA 262:40-c. A vehicle may be removed and stored in specific circumstances outlined in RSA 262:32, including vehicles left unattended on toll roads, turnpikes, or interstate highways for longer than 4 hours; vehicles left unattended on any public way for longer than 24 hours; vehicles obstructing traffic or public access; vehicles reported stolen or apparently abandoned; vehicles whose owners are under arrest or incapacitated; vehicles left in state park-and-ride facilities for more than 21 days; and vehicles obstructing snow removal or highway maintenance operations.

An authorized official may remove a vehicle only when specified conditions in RSA 262:32 are satisfied. A removal by a police officer, constable, or other authorized official initiates the abandoned vehicle process.

Process To Claim an Abandoned Vehicle in New Hampshire

Understanding the Abandoned Vehicle Process

New Hampshire permits the holder of an abandoned vehicle—typically the custodian (tow operator, storage company, garage owner)—to recover removal and storage costs through a statutory lien procedure established in RSA 262:33. The lienholder may sell the vehicle at public auction after statutory notice and waiting periods established in RSA 262:36-a and RSA 262:38 are satisfied, in accordance with RSA 262:37. Sale proceeds are applied first to satisfy liens and costs under RSA 262:39, with any excess remitted according to law.

Report the Vehicle and Removal

When an authorized official or property owner directs removal of a vehicle pursuant to RSA 262:32, the person removing the vehicle must document the removal. The custodian takes possession of the vehicle and stores it in a suitable place. All reasonable charges incurred for removal and storage become a lien against the vehicle.

Send Notice of Removal and Storage

If the custodian knows or is able to ascertain the name and address of the registered owner from Division of Motor Vehicles records, notice of the fact and place of removal must be given by the most practicable means, pursuant to RSA 262:34. If the custodian cannot determine the owner's identity, a reasonable attempt to locate the owner must be documented.

Allow the Statutory Waiting and Notification Period

The custodian of an abandoned vehicle must comply with notice requirements established in RSA 262:36-a. For vehicles valued at less than $1,000 or severely vandalized, damaged, or in disrepair and fit only for salvage, the custodian may dispose of the vehicle after a 15-day holding period and after notifying the registered owner and the director. For other vehicles, disposal timelines differ based on the vehicle's model year: if the vehicle is 5 model years old or less at the time of removal and has not been claimed within 30 days, or if the vehicle is more than 5 model years old and has not been claimed within 20 days, the storage facility may dispose of the vehicle after complying with notice requirements.

Determine Vehicle Value and Disposal Path

The custodian must obtain or conduct an appraisal of the vehicle to determine its fair market value and model year. This valuation determines whether the vehicle may be disposed of through the expedited process (vehicles under $1,000 or severely damaged) or must be sold at public auction. Vehicles meeting the expedited criteria may be disposed of without newspaper publication; higher-value vehicles follow the full public auction procedure.

File Notice of Sale for Public Auction

Before selling the vehicle at public auction, file a notice with the Division of Motor Vehicles and the registered owner. The notice must include the date, time, and location of the sale, a description of the vehicle, and the amount of accumulated liens and costs.

Publish Auction Notice

Notice of sale must be given by posting notices in 2 or more public places in the town or city where the vehicle is stored, at least 14 days before the sale. If the current retail value of the vehicle exceeds $1,000, as determined in good faith, notice must also be published at least once in a newspaper of general circulation in the area. If the registered owner's last known address is known or can be ascertained by reasonable diligence, notice must be sent by registered or certified mail at least 10 days prior to the sale, in accordance with RSA 262:38.

Conduct the Public Auction

The sale must be held at the custodian's place of business or another suitable location and conducted as a public auction for cash, in accordance with RSA 262:37. The vehicle is sold to the highest bidder. Any member of the public, including the custodian, may bid on the vehicle.

Complete the Bill of Sale and Application for Title

The successful purchaser receives a bill of sale or other proof of purchase. The purchaser must apply for a certificate of title with the Division of Motor Vehicles through a town or city clerk's office. Applications for certificates of title are completed on Form TDMV 23 or Form TDMV 23A, and must be accompanied by Form TDMV 22A (Bill of Sale) and Form TDMV 108 (Affidavit of Sale) with appropriate supporting documents and fees.

For vehicles previously abandoned but now sold through a lien sale, the purchaser must provide proof of the sale and evidence that the vehicle was properly removed and sold in accordance with the law.

Bonded Title Or Surety Bond Requirements

New Hampshire does not require a surety bond for abandoned vehicle lien sales conducted pursuant to RSA 262:37. However, if the vehicle title cannot be located and the purchaser cannot establish ownership through the lien sale documentation, a bonded title may be available through a separate application to the Division of Motor Vehicles. Consult the DMV regarding bonded title eligibility and requirements.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

If a vehicle is branded as salvage, rebuilt, or bears other special designations on its title, those brands are carried forward to any new title issued. A salvage vehicle must be inspected and approved for roadworthiness before it may be registered or operated on New Hampshire highways.

Maintain Records

The custodian and purchaser must maintain records related to removal, storage, notice, sale, and title. These records should include documentation of removal authorization, proof of notice, mailed or posted, the appraisal report, the bill of sale, and all title and registration documents. Records should be retained for the period required by state law or as prescribed by standard business practice.

New Hampshire Storage Fees And Financial Considerations

Storage Charges and Cost Limitations

Reasonable charges incurred as a result of removal and storage form a statutory lien on the vehicle under RSA 262:33. Storage charges must be reasonable and comply with the fee review provisions established by RSA 262:35-a. Fees charged for removal and storage are subject to review for reasonableness and must reflect market variables, including distance, vehicle size, time, equipment required, and personnel costs.

Towing and Recovery Charges

Towing and removal charges are set by the operator or custodian and must be reasonable. An owner or person lawfully entitled to possession may challenge the reasonableness of charges and request a hearing within 15 days of towing. The owner may pay over to the custodian an amount equal to the towing and storage charges to secure the vehicle's release while challenging the propriety of the tow.

Disputes Over Charges

An owner who disputes the reasonableness of towing or storage charges may request a hearing before the Commissioner of Safety or a designee within 15 days of towing, as prescribed in RSA 262:35-a. The Commissioner shall determine whether sufficient grounds existed for removal and storage within 20 days of the hearing request. If the Commissioner determines that insufficient grounds existed or that the charges are unreasonable, the law enforcement agency shall reimburse the owner or other person lawfully claiming possession for the amounts paid to secure release. A court of competent jurisdiction may also review the reasonableness of towing or other action taken.

Sale Proceeds and Excess Funds

The balance of sale proceeds, after payment of liens and reasonable expenses incident to the sale, must be handled in accordance with RSA 262:39. Liens, storage costs, sale expenses, and auction fees are deducted first. Any remaining balance is paid to the rightful owner if the owner can be identified and located, or is disposed of in accordance with New Hampshire's unclaimed property laws if not claimed within the statutory periods.

Contact Information

New Hampshire Division of Motor Vehicles
23 Hazen Drive, Concord, NH 03305
Phone: (603) 227-4000
Official Website: New Hampshire Division of Motor Vehicles