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Does the insurance at fault have to pay the towed fees? What can I do?

Orange, CA |

I has recently in a car crash and my car was towed and declared total loss. I had recently bought the car and still had not gotten insurance for it but the the other driver was at fault . And i have no money to get it out of the impound. I just received a letter saying that they are not held responsible for the fees. When, if it wasn't for their costumer my car would still be in perfect condition. This is with Mercury insurance.

I still haven't receive any money from the insurance at fault.

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Attorney answers 5


Unless the responsible driver's insurance company paid you and you still failed to get the car out of the impound, the insurance company is responsible for the impound fees.



The the insurance still haven't payed my anything.

Eric Burton Strongin

Eric Burton Strongin


Are you injured? Did you seek medical treatment? If so, I would recommend an attorney. Have you reported this to your insurance company? If you do, your insurer will likely handle the details of paying the impound fees. It will then be up to your insurance company to decide whether to try and recover the fees from the other insurance company. If you had insurance, payment of the impound fees or collecting From the other driver's insurance company should not be something that you should have to worry about.


If you were injured, you should retain an attorney immediately. They could assist you with both the property damage issues and the bodily injury claim. If not, you should contact your insurance carrier immediately and advise them of the location of the vehicle and request an inspection and settlement quickly before incurring any, additional storage fees. Request that your insurance company pay all charges incurred to date.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


I'm sorry you are dealing with all of this, especially when you had just purchased a new car. Yes, you can claim the tow fees as part of your damages and this is standard. Your experience with Mercury is also normal, don't take that letter personal (although it's hard not to) because they are a huge corporation doing business. Thats the way they look at it. I recommend you hire a lawyer so your claims are not reduced and so that all potential remedies remain available to you. Most personal injury attorneys offer free consultations and don't get paid unless you do. Also, be careful not to sign anything before having a lawyer review the document and don't provide a statement or telephonic interview to Mercury before getting advice from your lawyer. Your case may hinge on these issues. Best of luck and please let me know if you have any further questions.

The above information does not constitute legal advice and does not form the basis of an attorney-client relationship. Lisa M. Blasser, Esq. and Blasser Law do not represent you and are not responsible for any actions or inactions that you decide to pursue in lieu of the above information.


If you had insurance on another car within thirty days of this accident you should be covered under that old policy as a replacement vehicle. Otherwise Mercury should go inspect your vehicle and if liability is resolved they should help get the car out of impound. They will claim you must mitigate your damages however, there is no mitigating what a person cannot afford to do. They take their victim the way they find them. If you were injured hire an attorney and they will assist in this matter.


You should hire an attorney so you're not bullied around because all the things that were mentioned should be paid for.! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body and your property; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases and wouldn't mind speaking to you

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