cousin uses the car and got in accident 10/31/13. The car was apparently totaled and towed away. It was not until 12/6 that we got a letter in the mail stating that the tow company was storing the vehicle and that it accrued quite a large amount of storage fees. I was BAFFLED at the thought of this since i was not aware that is was even being store. I do not mind paying a bill for tow away fees; however we can not pay the outrageous and a surprise of storage fees. If I had known much much earlier i would have taken care of it immediately to avoid additional fees; however when getting the notice of stored vehicle more than a month afterwards, the fees amounted to a much to high amount. I am trying to contact my cousin and her insurance on the matter as to why it wasnt taken cared of.
Hellos guys, sorry that my description was too vague. I will clarify things up. --- The car is not used by us and we were going to sell it; however my fiance's cousin needed a car so we let her borrow it. We change the registration to list My fiance and her cousin as the registered owners of the vehicle. We recently did this so that she could use the car and pay for her own car insurance. ---- Apparently she was hit on the freeway, first car drove off, and while spinning out was hit 2 more times by other cars. We no longer carried the car insurance for the car, her cousin did. we found out she got into accident that night and that the car was towed away. We had no idea that it was being stored. The real thing that bothers me is why did the tow company wait more than 30 days to notify us that the car was being stored. Is there are law stating that they must notify us of the storage and can not charge more than 15 days without that notice????
Family Law Attorney
If it was totaled, the insurance should take care of the bill. You have an obligation to mitigate damages (limit the storage charges) if possible. The best approach is to contact the tow company and put them in touch with the insurance company, and continue to try to contact the insurance company to resolve the situation. Best of luck.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Personal Injury Lawyer
This is a common practice. Tow/storage companies do not store vehicles for free. You should turn the matter over to your insurance company to adjust your damage claim and to remove your vehicle from the tow/storage facility. You must mitigate your damages by having your vehicle removed from the storage facility as soon as possible.
Personal Injury Lawyer
Interesting scenario. So intake it you are the registered owner? So hopefully you carried insurance on it. It's strange that in 2 months time you never learned that your cousin was in an accident...not to mention in your car. Insurance companies typically only deal with the registered owner of a car, so if the other driver was at fault it seems like you would have received a letter. This makes me guess that your cousin was at fault. If so, time for your cousin to step up to the plate. Hopefully he/she carried insurance. If the tow yard can sell the car for salvage to cover the cost of storage, you may have to go that route. Then sign your cousin up for payment plan to pay you back if there is no insurance to cover it.
9 lawyers agree
who was at fault? how much insurance is involved? whose is covering this?
contact this tow yard and say you just got notice of the charges; see if they'll reduce them or your insurance will handle it. seems like you should've been more diligent.
seems like if you had insurance this never would have happened.
Car / Auto Accident Lawyer
Whose fault was the accident?
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
6 lawyers agree