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Daughter in car accident, other vehicle at fault. got an offer but they do not want to pay storage fee of vehicle what can i do?

Espanola, NM |

happened out of state, took about 2 months for their insurance to contact me and adjuster saw the car last week and then they made me an offer this week. I felt they should cover the fee of the car being left at that location, not sure if that would be correct or not. I need to call them back if I will accept or not accept the offer. the car was totaled

Attorney Answers 5


  1. They are nickel and diming you. If there is any medical complaints a lawyer could get her much much more

    Asking questions on Avvo can be a helpful introduction to your legal issues. You should not rely solely on Internet answers. At a minimum, ask for a free consultation from a local lawyer who handles your type of case.


  2. They are nickel and diming you. If there is any medical complaints a lawyer could get her much much more

    Asking questions on Avvo can be a helpful introduction to your legal issues. You should not rely solely on Internet answers. At a minimum, ask for a free consultation from a local lawyer who handles your type of case.


  3. Seek a local personal injury attorney to get you maximum compensation. If your daughter was injured, the insurance company should be paying for her pain and suffering as well. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  4. This is a common dispute that arises when a vehicle is a total loss and is in a tow yard. The insurance company claims you have a duty to mitigate your damages, which means getting the vehicle out of storage if it is accruing storage fees. From your perspective, whatever storage accrues is their responsibility. Who is right probably depends on the facts as to whether it would have been reasonable under your circumstances to get it out of storage. If the car is a long distance away, it may be argued that towing it to your home town would have been cost prohibitive. If your daugther was hurt, you could consult an injury attorney who would help with this issue. Otherwise, it may be difficult to resolve the dispute without a lawsuit, possibly in small claims court.

    Good luck.


  5. Best bet is to have a local attorney negotiate this for you.

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