totaled vehcile storage laws

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PostPosted: Wed Nov 17, 2010 6:29 pm   Post subject: totaled vehcile storage laws  

when a car is at a repair shop and the insurance adjuster comes out days later and totals out the vehicle. when by law can we start collecting storage fees?


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PostPosted: Wed Nov 17, 2010 7:41 pm   Post subject:   

You need to have all your rates posted and in certain size according to many state statutes. They must be clearly visible and located where the public may see them in the natural course of your business. Some states may have statutes that apply to storage fees if you are in business to store and tow autos. However if you are in the auto repair business, these statutes may not apply.



If you have a contract of repairs it should be noted that you have legal possession of the vehicle and the contract states plainly that you will collect certain fees and storage charges in the event the job is terminated or an insurer coerces the vehicle owner into moving the vehicle before it has been totaled or that you are entitled to charge storage a certain number of days after the vehicle owner has been notified of completion of the contracted repairs.



Your contract should state that you have the owner's authorization to disassemble the vehicle for purpose of inspection to complete a repair plan or blue print for repair. Insurers are required to write estimates for the purpose of setting aside funds to indemnify the policy holder or to pay a claimants potential loss. Most time these fees are waived to the vehicle owner if the vehicle is repaired.



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PostPosted: Wed Nov 17, 2010 9:06 pm   Post subject:   

Yes you can... certainly!



With that said, what do most of the shops do in your area?



As an adjuster who's handled total losses in many states I can say that _very_ few shops charge storage if the vehicle is moved right away. In reality, how much has it cost you to let the vehicle sit in your yard for a few days? I'd say that most shops "waive" any fees as they know everyone is just trying to do their job. I've paid for a few extra days rental when I know the repair shop should have been done earlier. When I calculate rental time I figure 4 hours a day. Why should a shop not work on a vehicle 7-8 hours a day? As I said, everyone is just trying to do their job.



I've accidentally left a total loss vehicle at a repair shop and they have come back and charged me for every day. I usually ask them if they can cut me a little break. Some times they knock a few days off, sometimes they don't. I pay it either way as _I_ screwed up and a storage fee is fair. If they did not charge it in these cases then adjuster could just start taking advantage of them.

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PostPosted: Thu Nov 18, 2010 6:45 am   Post subject:   

Quote:
Why should a shop not work on a vehicle 7-8 hours a day?


tcope, I do understand what you mentioned about everyone's job. But is there any formula that you use to determine the rental time? Or is it just assumed to be a couple of hours less?

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PostPosted: Thu Nov 18, 2010 6:52 am   Post subject:   

Quote:
But is there any formula that you use to determine the rental time?
Most carriers I know of use 4 or 5 hours divided by the repair time hours to determine the number of days. Or in other words, 4-5 hours of work per day. The repair time is taken from the insurance companies appraisal or the repair shops estimate.
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