If you were involved in a car accident that left your car inoperable, it might have been taken to the tow yard by the tow truck. If you find yourself in this situation, it is very important for you to know that you have a duty to mitigate your damages.
This means that you must minimize your damages as much as possible, which means that you should have your car removed from the tow yard as soon as possible to reduce your storage bill. Yes, even though the accident was not your fault, you still have the duty to mitigate your damages. This might sound unfair, but it is what the law says. If you are financially able to remove your vehicle from the tow yard, you should.
If you have collision coverage, you can have your car insurance carrier pay for the towing and storage so that you don’t have to. What’s important to know is that you can’t delay the process by not calling your insurance company right away to get the car removed from the tow yard. Before calling the insurance company, it is important that you speak to an attorney first. If you call your insurance company first – even your own insurance company – they will attempt to reduce the value of your claim by taking your recorded statement and requesting all of your medical records.
If you are financially unable to remove the car from the tow yard, your attorney should put the insurance company on notice that the car is in the tow yard immediately and also let them know that you are financially unable to remove the car from the tow yard. The other party’s insurance company, if there are responsible for the loss, will have to act quickly to remove the car from the yard if you are financially unable to do so and you do not have your own car insurance to remove the car from the yard.
If you do have collision coverage, it is advisable to use your own insurance company to remove the car from the yard immediately. Generally speaking, tow yards will not take it easy on you because you were not at fault. They will expect to get paid 100% of what they are owed and not a penny less. It is important to get the car out of the yard as soon as possible to avoid unnecessary charges.
West Covina car accident attorney, Lem Garcia, handles car accident claims and provides free case consultations.
By: Lem Garcia, West Covina car accident lawyer