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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My son lives in upstate NY. He got into an accident with his

Customer Question

My son lives in upstate NY. He got into an accident with his car and had it towed, at a cost , to an auto garage. We thought he was going to have it fixed there but he didn't have collision, so the insurance company won't cover the $7000 cost. So he's going to scrap it. The auto garage says they'll pay him $500 to scrap it, which is very low. The problem is that it took 2 months for the insurance company to decide to not cover the vehicle. My son wants to remove the vehicle from the lot. The auto garage now wants to charge him $85/day for "storage" and won't release the car. They are threatening to back charge him for this storage, which was never mentioned initially.
He wanted to have the car towed to another garage, but they refused to release it to him.
What are my son's rights to the car and what financial responsibility to the garage is he on the hook for?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I suggest he has a right to his car. But he also has an outstanding invoice with the tow company. He can check with his insurance, but generally they do not pay for those costs. Most times, once the car is towed it is the responsibility of the owner to have it moved to another garage or friend or family enclosed area so that these costs do not rack up. Now, I suggest that he can try his hand at negotiating with the tow company on the low ball $500. And he can shop around and see what he can get for it from another scrap yard. And then use the highest bid to begin the negotiations. Keep in mind, that at $85 a day on the storage, if the they are going to waive all those fees and still give him $500 that might be the way to go. He should get all that in writing, however. For example he wants in writing that the for the cost of $500 for the vehicle the tow company releases in full any and all fees, storage, towing, etc in connection with the vehicle.He is going to have to weigh the value of the car, what he can get at another scrap yard v the cost of $85 a day to this garage.I wish it was better news for you. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.
Customer: replied 1 year ago.
Hi Thanks,
The problem is the it was never stated or agreed that he would be charged for storage of the vehicle. This was just stated when the garage thought he would tow the car elsewhere. Is there any recourse?
Expert:  Sam replied 1 year ago.
Thanks. There does not need to be any agreement. His car needed to be towed from the scene. He could have paid the tow fee and had it taken to his house, for that charge.
Expert:  Sam replied 1 year ago.
He owes them the money or he will not get his car and the fees are mounting.