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 Posted: Tue Aug 11, 2009 11:36 pm Post subject: Question about the legality of their actions. |
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I was involved in a traffic collision a week ago in which I was not at fault. We managed to get the ball rolling with the insurance company. However, two days ago they informed us that they were not going to pay the storage fees for the local garage that my totaled vehicle was parked in. Today I drive by and find out that my car has been towed away without my knowledge.
I didn't sign the title over or gave them any go-ahead to move my vehicle. Is this legal?
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IronyAbounds
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| Posted: Wed Aug 12, 2009 1:00 am Post subject: |
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Who towed the vehicle? The shop is not going to let the vehicle go without getting paid the towing and any storage charges. So if the carrier had it towed, they paid the charges.
You need to have given your permission to allow the vehicle to be moved. If it was moved without your permission, you need to speak to the shop about that. They were in custody of your vehicle and therefore, are responsible for it. |
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tcope
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| Posted: Wed Aug 12, 2009 1:17 am Post subject: |
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| Why wouldn't the insurance company also be responsible for towing it? I had to sign for my vehicle to be towed and was given the opportunity to remove any valuables I had in it. I would be calling the garage and asking a few questions. One would be why they allowed it and another would be was the charges paid. |
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fireyone
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| Posted: Wed Aug 12, 2009 2:42 am Post subject: |
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| Quote: | | Why wouldn't the insurance company also be responsible for towing it |
They probably would... but who was in possession of the vehicle and therefore had responsiblity for it?
What does not add up is that the OP states the insurance company said they would not pay for towing/storage (usually not the case) but I can guarantee that the shop did not release the vehicle w/o the charges being paid. |
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tcope
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| Posted: Wed Aug 12, 2009 11:30 am Post subject: |
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| Quote: | | However, two days ago they informed us that they were not going to pay the storage fees for the local garage that my totaled vehicle was parked in. |
I imagine what they said was, AFTER today we will not pay any additional storage charges...did you then say, 'ok then move it?" Have they collected the title from you and issued payment for the total loss? If they don't have the title they can't sell it, most likely they moved it to a storage free location, until they get title then they will dispose of it. BUT you would have to give permission for that...
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Lori
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| Posted: Wed Aug 12, 2009 12:04 pm Post subject: |
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| There is somewhat alot involved in just simply moving a vehicle. I am sure OP what Lori states is what happened. They more than likely know they are going to be footing the storage bill so to keep the total claim amount down wny not move it to free storage. Eventually you will have to sign off on the title. If you did not owe a bank loan on the vehicle you will have to take the title to an authorized notory and sign off on it. Things should be fine. It usually does not take long when settling vehicle damages with an insurance company. |
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fireyone
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| Posted: Wed Aug 12, 2009 12:15 pm Post subject: |
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| Quote: | | you will have to take the title to an authorized notory and sign off on it. |
I don't know about all states, but the ones I deal with regularly (MO<KS>IA<NE) no notary is required anymore, just sign the title and you're done.. 
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Lori
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| Posted: Wed Aug 12, 2009 12:30 pm Post subject: |
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| Wow. In both of my accidents my vehicles were totaled. For the Sunfire ( where I got my username years ago) I had owned it right out and had to go to the notory and sign off on the title there. The dodge (the recent wreck) was also owned outright and I had to go to the notory on that one too. Goes to show you how much laws can change from state to state. |
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fireyone
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