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.
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.
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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
Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com 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
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