by Seejay » Sun Jan 04, 2009 08:23 pm
I got into a car accident, but it was the other drivers fault, and they are saying that it might be totaled, but i still have stuff in my car, like my subs and some cds, can i get those back without paying for them or would i have to pay for them?
Posted: Sun Jan 04, 2009 09:55 pm Post Subject:
You can as long as you don't plan on the insurance company also including those items in the value of the vehicle. Also, if the vehicle is at a tow lot, the lot may not allow you to remvoe anything that is attached to the vehicle until the towing/storage bill is paid. If the items are loose, they are not part of the vehicle and can be taken at any time.
Posted: Mon Jan 05, 2009 12:58 am Post Subject:
Are you okay? Hopefully, as you were told you will probably be allowed to get your things. I only had them hold my stuff one time and that was when someone borrowed my vehicle and totalled and then tried to say that someone stole it. then my vehicle became a piece of evidence and it took me along time to get my stuff out of the vehicle. The police thought that I was lying to them, I told them who I lent it to, I was not reporting it stolen, the person that I lent it to said it was stolen. Eventually it all got straightened out.
this is why I don't lend vehicles anymore
Posted: Mon Jan 05, 2009 04:08 am Post Subject:
Hi tcope,
Also, if the vehicle is at a tow lot, the lot may not allow you to remvoe anything that is attached to the vehicle until the towing/storage bill is paid.
Doesn't it mean that it could take some time before he'd actually get such things back?
If such things as CDs are not destroyed, I don't think the OP would even think of adding them with the vehicle value, especially if those are of rare kinds.. :)
Posted: Mon Jan 05, 2009 04:21 am Post Subject:
If the items are part of the vehicle, they should be considered in it's value. As such, they would need to stay with the vehicle anyway.
No it should not take long. Typically an insurance company will pay to have a vehicle moved from the tow yard with a few days. At this point the OP could take whatever he/she wanted.
Posted: Mon Jan 05, 2009 06:17 am Post Subject:
Also, if the vehicle is at a tow lot, the lot may not allow you to remvoe anything that is attached to the vehicle until the towing/storage bill is paid.
Why this would restrict me from removing any part of my car? Who would restrict me from doing so? The tow yard authority or the insurer?
Also, what would be the consequences if the bills aren't paid at all? Can the two yard owner remove the components of my car and sell them to recover his dues?
Posted: Tue Jan 06, 2009 12:10 am Post Subject:
Why this would restrict me from removing any part of my car? Who would restrict me from doing so? The tow yard authority or the insurer?
The towing company. They want to be paid for the towing and storage fee before the car goes anywhere. If the items are attached to the car (wheels, radio, installed DVD player, etc) then they could consider those items as part of the car and would not need to release them. Many times the owner of the vehicle does not want the car but only wants to remove the important items. If towing yards allowed this, they would get stuck with the car and the owner would not pay the fees.Can the two yard owner remove the components of my car and sell them to recover his dues?
If the towing/storage fees are not paid, yes! They will place a lien on the vehicle and can then assume ownership of it.When I went for my things from my truck the tow yard told me I may be restricted from taking items.
I've had them pull this one on me. Personal property inside of the vehicle is different then things attached. I've had towing companies not want to release anything. I tell the owners to go to the lot with a police officer and point out that they have to allow the owner to take the personal items out.Posted: Tue Jan 06, 2009 12:18 am Post Subject:
Tscope, Why would the tow yard be afraid of not getting their payment. If the accident is the other persons fault then wouldn't the others insurance company have to pay for the towing and storage?
Posted: Tue Jan 06, 2009 01:59 am Post Subject:
The towing company has no idea what the status of the claim or even that anyone has insurance. The police call them to tow the vehicle and that is all they know.
Posted: Tue Jan 06, 2009 08:13 am Post Subject:
If the towing/storage fees are not paid, yes! They will place a lien on the vehicle and can then assume ownership of it.
Well, does this happen everywhere or is state specific?
Tcope, who is responsible to pay for the lien? Can this lien be placed on my wage? What id the claim check fetch only the amount enough to cover the car value? Will this lien affect my credit score?
Posted: Tue Jan 06, 2009 01:03 pm Post Subject:
In the case that the owner does not care, then how does the towing or others who have a lein against it recover their money? If they are pursued in civil court it court take years to recover it, sometimes it would not be worth it. Since the owner is the title holder they can't really sell the car with out title right? If the owner does not care I am sure they will not take the time to hand over the title either.
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