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I was in a car accident (rear ended not at fault) and the car could not drive. I called the insurance company on the scene and

Whittier, CA |

they said I'll have to tow It to a place but didnt tell me where. I called my car dealership who referred me to a body shop and I had it towed there. It took the insurance company two weeks to look at the car and determine it to be a total loss and fault. It's been three weeks now the the insurance company sent a letter saying I need to move the car to mitigate damages. It's not drive-able so I guess they expected me to tow it. The storage fee was $1600 and the ins. comp. is deducting 700 from the value of my car to pay for this bc they said I should've moved it. I was told by the body shop this is illegal, it wasn't my fault, I shouldn't be expected to move the car and to call the insurance commissioner. Is this true? Is there something I can tell the commissioner? Please help!

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Attorney answers 5

Best Answer

contact the State of California Dept of Insurance. Theyre web site probably has a complaint form.
Tell the other ins co. that you couldn't mitigate because you didn't have collision or tow ins, and you didn't have the money to afford to tow the vehicle from the shop, and that you didn't have a place to store the vehicle while they took their time to come out and appraise the loss.

Ultimately, you should not sign a release of property damage, if they are going to jerk you around like this. Just go and sue the person that caused the crash, in small claims court for the full amount of the storage, tow, and fair market value, so long as it isn't more than 10k.


Get a local lawyer to resolve it for you.


Your facts are a little confusing but it does not appear that their insistence is justified. They are probably just trying too save money.


Tell the truth to the commissioner's office and ask them to intercede on your behalf. If the insurance companiy''s delay in evaluating the vehicle caused the rental charges, that should be on their dime, not yours.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Nicole Marie Gutteriez

Nicole Marie Gutteriez


Thank you!!!


Complaint to the Insurance Commissioner. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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