OK thank you. Hopefully these next series of hurricanes/storms get pushed out to the open ocean...
So basically if there is a delay caused by the insurance company (negotiations on coverage, extent of damages, etc) the insurance company will typically pay for any storage fees associated with that since that is beyond the auto owner's control.
RS code 32:1726 does authorize, pursuant to RS 32:1719 et seq, a mechanic to properly notice and then sell a car that is left at their business without the owner paying storage fees or repair fees.
The court will allow the imposition of storage fees when the car owner fails to retrieve the vehicle at the prescribed time. If the mechanic fails to communicate that the vehicle work is completed, the customer would have no way of ascertaining the car is ready. The more proof the customer has of attempts to contact the mechanic, the more likelihood of a favorable judgment (if the mechanic is deemed to have unreasonably delayed in the repair or notification of the vehicle the court may award the customer reasonably foreseeable and proximately caused damages (ie rental car costs).
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