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Does an insurance company (Allstate) have to pay for all fees due to towing, storage & any additional fees?

Houston, TX |

The driver ran into my vehicle and totaled it. The insurance company is harassing me that the 15th is the last day they will pay for storage fees even though it is there drivers fault. What can I do?

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Attorney answers 2


Once the insurance company considers your vehicle totaled they will send you a check and their responsibility is over. The check will go to the lender if there is still a loan on the vehicle. Sometimes a vehicle is considered totaled by the insurance company but you , the owner do not think the damage is that bad. The insurance company has a formula which considers the current market value of the vehicle and the cost of repair. If it is a little over 50% the decision is often to total. Should you believe your vehicle is repairable, you can keep the vehicle by paying the "salvage" . The remainder of the check will come to you (unless there is an unpaid loan balance) and you can get the vehicle repaired where ever you wish.

-Marion W. Cain Law Offices of Marion W. Cain, P.C., 127 Lewis Street, San Antonio, Texas 78212 (210) 226-2161 website: email: This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship.


If they are willing to total the vehicle, then once they pay for it, they own it. It sounds like you don't want them to total it out. If that is the case, then you need to make arrangements for repairs, including getting it out of the storage lot and over to the repair company. (most repair companies will pick up the vehicle themselves.)

I am an attorney licensed to practice in Texas, Louisiana and before the United States Patent and Trademark Office. Laws vary from jurisdiction to jurisdiction and the above may not be an accurate assessment of the laws for your area. The above should be taken as general guidance and not specific legal advice. For specific legal advice you should seek a licensed attorney in your jurisdiction practicing in the area specific to your issue. The above does not constitute or establish an attorney client relationship. If you wish to receive specific advice about your legal issue, then contact my office to schedule a personal consultation.

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