I was in an accident 2 months ago. Someone hit me on the blvd. (my insurance is State Farm, they are horrible, they still can't decide who was at fault), and my car was undriveable. My head cracked the windshield & my chin hit the steering wheel so I wasn't thinking right. Im sure I had a nice concussion. I had little cuts all over my forehead and there was a good amount of blood. The cop asked me if I wanted to go to the hospital & I said no because I knew if I did my car would definitely be taken t a tow yard. Anyway a wreck chaser showed up right away and asked if I needed a tow and I told him that I was going to call my insurance Co. since I had roadside assistance. He proceeded to tell me to hold onto my receipt and give it to State Farm & they will pay for it so I foolishly said OK. He drove me in his truck with my car on the back to my Apartment. I told him to go into the driveway thinking he was leaving my car there. I got out, said thank you & signed the paperwork which only said the name of the tow yard and no info. About him. (I didn't notice that until the next day.) and again foolishly went into my Apt. thinking that he was going to unload my car there. Never thinking that he had my car key which I needed back. I never told him nor did he even ask me if I wanted my car taken to the tow yard or where I wanted it towed to, I thought he was just taking me & my car home. There was no reason for him to take it there as I couldve parked it in my driveway until my ins. Co. came to look at it. Aren't they supposed to tow the car to where you want it? Now the yard fees are more than what my car is worth. I asked my ins. Co. if the fee's and damage will be covered by the at faults ins. Co. and the claims Dept. told me since I didn't have collision that I couldn't have my car fixed. They are so stupid. I had someone back into me 4 years ago and all I had to do was report it and in no time at all I got a check for $1900. Dollars from the guys insurance. So my questions are; 1) if I was not at fault shouldn't the other guys ins. Pay for damages to my car or give me what the car is worth according to the kelly blue book if considered totaled & also pay the tow yard fees that have accrued over the past 2 months?
2) My Ins. Co. told me I need to call the other guys ins. Co. myself (Geico), if I want to try & get them to pay for my damages. Does that sound right to anyone? I would think that would be State Farms responsibility. Im not an experienced ins. Agent!
3) Do I have a legit claim against the guy that towed my car away without telling me where he was taking it? He took advantage of someone that was just in an accident and had a head injury.
4) Im wondering if I have a claim against the owner of the tow yard also.

When I first called him he told me that my car was totaled so I thought he got info. From my ins. Co. but he didn't. He was just guessing, he said he has owned the tow yard for 20 years and he knows when a car is totaled. That is not his decision to make. He just wanted me to leave my car there thinking it was totaled so he could make money off me. I don't think the car is totaled. There is damage to the left front bumper, a little of my front left quarter panel, my headlight, my radiator and my windshield that I cracked w/ my head! Does that sound like its totaled? It's a 1995 Acura Legend. State Farm told me that they never assessed the amount of damage because I didn't have collision! OMG!! They told me, after 2 freakin months, that I need to start another claim for that! I don't understand why they didn't tell me that when I first filed the claim. Apparently I just filed a claim for medical.
5) After I was told the car was totaled I stopped paying my car ins. Why pay for a car that I don't have anymore right? Im just worried that after 30 days without insurance my registration will be suspended for 3 months & then I will need to send my tags into Harrisburg which I probably won't be able to do until I pay the storage fees. (Im assuming that I won't be allowed to take the plate off unless Im paid in full). That shouldn't be a problem if the guy that hit me is responsible for the fees but if they don't have to pay fees but do have to pay for the damages I won't even be able to get my car out of there to get it fixed!

Sorry this was so long but I really am confused about all these things. Thanks so much.

My car has been sitting in a tow yard for 2 months while my ins. Co. decides who was at fault in the accident. I pay $128.00 a month and I don't like that Im still paying the full premium even though my car is undriveable and I don't even know if Im going to get it back or not. Someone told me once that If your car is not on the road or in storage that there is a different kind of insurance for that which is like $10.00 per month. Does anyone know anything about this? I googled it but all that comes up is a bunch of ins. Companies. Thanks so much.

If you had the capacity to remove it from the impound lot early on... you might find you assumed the responsibility by leaving it there.

Sorry Im new and I posted another question which is showing as an answer to my 1st question. Please disregard it, I will re-post it the right way. Isn't there anyway for me to delete it?

Ok so anyway, Smoothy, what does that even mean? I asked a few questions and not to sound smart but that doesn't even apply to any of them.

As for your reply, I was unable to get the car out early as my head cracked the windshield & I had a nice concussion and I was pretty out of it for a few days. As of the 4th day I owed over 1,000. Which I didn't have so I had no choice but to leave it there. The tow guy really took advantage of my situation and that's so wrong. Im really thinking of taking him to small claims court. All they care about is getting money for each car they bring in. I know because I dated a wreck chaser. I NEVER wouldve let this creep tow my car If I knew he was taking it to a tow yard! Honestly, who wants that over having your car towed home or to their mechanic? He knew where he was taking it and never told me! My roadside assistance wouldve taken my car to the nearest shop or my house. This guy told me to sign the receipt and submit it to my insurance Co. when it was actually a paper saying I give permission to have my car towed to their lot! He never said a word about that and he knew I was hurt and was unable to read that teeny tiny print. I was really scammed, Thanks anyway though. :-)

Do I have to pay my regular car insurance while it has been siting in a tow yard?
My car has been sitting in a tow yard for 2 months while my ins. Co. decides who was at fault in the accident. I pay $128.00 a month and I don't like that Im still paying the full premium even though my car is undriveable and I don't even know if Im going to get it back or not. Someone told me once that If your car is not on the road or in storage that there is a different kind of insurance for that which is like $10.00 per month. Does anyone know anything about this? I googled it but all that comes up is a bunch of ins. Companies. Thanks so much.

90% of what you talk about is the impound lot fees... how high they are and who's expected to pay them.

So how can you say it doesn't even apply?

In some states the fact it remained there is on you as you had the means to move it someplace else during the claim period. If you say you had the money or not is immaterial in those places. It was available to be taken by paying the fees.

Since you didn't say what state this occurred... (that I saw anyway)... what State did this occur.

Now I'm willing to bet that paperwork you signed shows he was towing it from the accident scene to the impound lot. See I also know some tow truck drivers... and they don't even hook up until they have papers signed by someone with the authority to have the tow made. If you failed to read it first... falls upon you. I'm not defending them... just stating the fact that people are not required to be able to read your mind.

The fact you only had liability insurance on your car... is also on you... because you assume a lot of responsibility for expenses that are covered under comprehensive and not liability... those are spelled out in your insurance policy you also signed.

The fact they have not assigned fault... (your words in your post) means the other guys insurance isn't going to pay a dime... which puts the ball back in your court... again... making the fees your responsibility.

You could have borrowed the money to get it out early on... as long as it remains there they are entitled to the fees.

Sure you can TRY to sue them... but if they produce their receipt you signed showing the tow from the accident scene to the impound lot... you will lose at that point.

You do understand... if the final determination is you were at fault... you aren't getting paid... and also depending on what state this was... if its found the blame is shared equally... you might find you don't get paid either.

I'm guessing you are pretty young.

Sorry if I wasn't clear in my questions. I mainly asked about insurance and being scammed by that wreck chaser. This is in Phila. Pa.

PA is a "No-Fault" State and that limits what you can and can't sue others for...

http://www.chartwelllaw.com/publish/A1110a.pdf

However wait and people with detailed knowledge of how the state of Pennsylvania interprets this will add their perspectives as they have time to read this.

I also just noticed you said "Apartment"... that means they couldn't dump an inoperable wrecked car onto the property... an apartment parking lot in not the same as a driveway to a single family house. I know of no apartment complex that would allow an inoperative wreck to sit any amount of time in their parking lot. And being you don't own that parking lot... they couldn't dump it there. You also mentioned driveway... these are important distinctions... is it a private homes driveway... or an apartment building parking lot?

They are talking about Limited and full tort which apples to bodily injury. You can't sue for pain & suffering if you have limited tort. Only for catastrophic injuries. Im talking about damage to my car. For example 4 yrs. Ago a man backed up into my car in a parking lot. His ins. Co. had to pay to fix the damage to my car. I got $1900. Because he was at fault and also now my ins. Co. is investigating who was at fault in this accident. I drive & I live in PA.

I wasn't talking about suing the Tow guy through my insurance, I said I was thinking of taking him to small claims court!

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Originally Posted by smoothy

I also just noticed you said "Apartment"...that means they couldn't dump an inoperable wrecked car onto the property...an apartment parking lot in not the same as a driveway to a single family house. I know of no apartment complex that would allow an inoperative wreck to sit any amount of time in their parking lot. And being you don't own that parking lot...they couldn't dump it there. You also mentioned driveway.....these are important distinctions...is it a private homes driveway...or an apartment building parking lot?

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Maybe you don't know of any apt. complexes that would allow my car to be there but you don't know every complex do you? So now you know of one. My car doesn't have too much damage. Im not putting a car that looks like an accordion in the driveway. WTH? If I knew it couldn't stay there for a bit then I wouldn't have mentioned it.

It is a driveway behind the Apt. complex and there are garages for rent here. I am friends w/ the super and he doesn't give a hoot about any of that stuff. If you knew him and lived here you'd understand. There is a man that works on cars out of 1 of the garages and the driveway is full of cars he is working on. That shouldn't be allowed either but like I said the Super here doesn't care.

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Originally Posted by DZNursie46

They are talking about Limited and full tort which apples to bodily injury. You can't sue for pain & suffering if you have limited tort. Only for catastrophic injuries. Im talking about damage to my car. For example 4 yrs. ago a man backed up into my car in a parking lot. His ins. Co. had to pay to fix the damage to my car. I got $1900. because he was at fault and also now my ins. Co. is investigating who was at fault in this accident. I drive & I live in PA.

I wasn't talking about suing the Tow guy through my insurance, I said I was thinking of taking him to small claims court !!

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Going to be even harder... because he was working for them at the time.. and on their behalf, using their truck... and the car being in THEIR possession.

But the fact you had the minimal required insurance and not full coverage... means the other guys insurance isn't paying a dime until they are determined to be at fault.

And the fact you effectively abandoned the car at the tow yard complicates it... because if they total it.. they get possession of it... if they can't take possession of it because you elected to not get it out of impound... further complicates it... because they will auction it off to recover part of their payout.

And why its going to take someone with some very intimate knowledge of the PA insurance industry... and moreover... the legal requirements of Philly to be more specific.

I used to know how PA did this intimately... back before No-fault was brought into being... but haven't lived there much in the years since.

Yeah... or PA WILL come after you for having an uninsured vehicle. And there are still tags on that car... until you turn those in, they hold you to that requirement.

And it will complicate your claim issue of the other thread that's related... asking mods to merge these.

Please don't ask the moderators to merge my posts! That isn't your choice.

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Originally Posted by smoothy

Going to be even harder...because he was working for them at the time..and on their behalf, using their truck...and the car being in THEIR possession.

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Wreck chasers work independently. It wasn't the tow yards truck, it was his.

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Originally Posted by smoothy

Yeah....or PA WILL come after you for having an uninsured vehicle. And there are still tags on that car...until you turn those in, they hold you to that requirement.

And it will complicate your claim issue of the other thread thats related.....asking mods to merge these.

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Here in PA. if you go over 30 days without insurance, you have to send your tags back into Harrisburg. Once they receive them you serve a 3 month suspension on your registration. Not a problem if I can't get my car fixed by the OP's insurace. (If its determined it was my fault)

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And the fact you effectively abandoned the car at the tow yard complicates it... because if they total it.. they get possession of it... if they can't take possession of it because you elected to not get it out of impound... further complicates it... because they will auction it off to recover part of their payout.

And why its going to take someone with some very intimate knowledge of the PA insurance industry... and moreover... the legal requirements of Philly to be more specific.

I used to know how PA did this intimately... back before No-fault was brought into being... but haven't lived there much in the years since.

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What the heck are you talking about and what don't you know? You make no sense at all and I came here for help not an argument. 1) I didn't "abandon" my car! 2) The tow yard can not "total" my car or "take posession" of it. I have to sign my title over to them if I don't plan on getting it out of there, its still registered in my name. . My car wasn't repo'd or abandoned. 3) Who said I elected to not get it out of the tow yard again?? Im waiting on a decision of fault. Before I do anything! Look at the title of my original post. Do you understand what I was asking about at all?? The man bull sh--ed me! Took advantage of a woman w/ a concussion! There was absolutely no reason for him to take my car to where it is and I didn't ask him to nor did he tell me he was taking it there! I was in the process of calling my roadside assistance to have it towed where it wouldve been taken to where I wanted it to go. HE TALKED ME INTO LETTING HIM DO IT. DO YOU REALLY THINK I WOULDVE TOLD MY ROADSIDE ASSISTANCE "HEY TAKE IT TO A YARD WHERE THEY WILL CHARGE ME A BUNCH OF MONEY EVERY DAY SO IM UNABLE TO AFFORD TO GET IT OUT"? REALLY? This driver talked me out of calling them and into letting him do it. HE MIS-LED ME!! My car didn't need to go to an IMPOUND LOT as it wasn't impounded. His objective was to take it there no matter what I wanted and that, my friend, to me is theft! He SCAMMED ME BY MAKING ME THINK HE WOULD TOW IT TO THE SAME PLACE MY ROADSIDE ASSISTANCE WOULDVE TOWED IT TO. IT COULDVE BEEN TAKEN TO MY MECHANIC BUT AS SOON AS I SIGNED WHAT HE REFERRED TO AS "MY RECEIPT FOR MY INS. CO". HE TOOK IT TO THAT YARD. ALL HE WANTED WAS MONEY FROM THEM FOR BRINGING IN ANOTHER CAR!! That's ALL THERE IS TO IT. WHERE I COULD OR Couldn't LEAVE IT (MY DRIVEWAY) HAS NOTHING TO DO W/ IT. HE Didn't CARE ABOUT ANY OF THAT. That's all I was talking about in this post so please stop trying to put my 2 posts together. They are 2 different topics! If you can't help w/ the topic, as I now know you cant, then please stop replying to the post. Thank you.

Hey there... why don't you use some of that anger of yours on the people that you feel wronged you rather than the only person here who is trying to make sense out of what you're saying?

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Originally Posted by smoothy

Now I'm willing to bet that paperwork you signed shows he was towing it from the accident scene to the impound lot. See I also know some tow truck drivers....and they don't even hook up until they have papers signed by someone with the authority to have the tow made. If you failed to read it first...falls upon you. I'm not defending them...just stating the fact that people are not required to be able to read your mind.

The fact you only had liability insurance on your car...is also on you....because you assume a lot of responsibility for expenses that are covered under comprehensive and not liability....those are spelled out in your insurance policy you also signed.

The fact they have not assigned fault....(your words in your post) means the other guys insurance isn't going to pay a dime......which puts the ball back in your court....again....making the fees your responsibility.

You could have borrowed the money to get it out early on....as long as it remains there they are entitled to the fees.

Sure you can TRY to sue them.....but if they produce their receipt you signed showing the tow from the accident scene to the impound lot....you will lose at that point.

You do understand...if the final determination is you were at fault....you aren't getting paid....and also depending on what state this was....if its found the blame is shared equally....you might find you don't get paid either.

I'm guessing you are pretty young.

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Wow, are you saying Im stupid but using the word "young" to be "nice"? I am a 49 y/o RN. Ive been driving for 31 years. Sorry if I haven't been in a lot of accidents! I DO know what having only liability means, Im not an idiot. Im not expecting MY ins. To fix my car.

I said fault was not assigned YET, so I may still have a chance at recovering my vehicle, why should I just throw in the towel? I even just put $1,500. Bucks into the car 1 week prior which stings a lot!

Yes, when I read the very fine print when I recovered it said it was being towed there but the point Im making here is that wreck chasers a scum. They aren't regular tow truck drivers, they're independent drivers that listen on their police radio for accidents and race to the scene trying to be the 1st wreck chaser to get the job. They take advantage of people that have just had a very traumatizing experiences and in my case have had a concussion. I was also told that before I signed it that it was a "receipt" to turn in to my ins. Co. for payment. . To me a receipt is for proof of payment etc... this was not that. It was a contract! The driver shouldve said to me "I can tow your car to such & such tow yard" but he deliberately left that part out. People shouldn't have to read a page of fine print when they have blood dripping down their face, are confused and scared and see blur! Those drivers need to be clear about what they are doing. Not just whip out a "receipt" and say sign here"! They know this and use it to their advantage only to make money, not to help the driver. THAT IS IMMORAL & UNETHICAL!

No I couldnt have "borrowed" the money to get it out. No one I know has 1K to just toss my way so that wasnt an option. If I couldve, I wouldve! Please dont assume everyone has this option.

Im not going to give up as far as suing the Wreck chaser. They do this a lot and it has been on the news and even shown on "The Investigators" who try to help citizens that have been scammed, etc....Also, the decision is ultimately up to the judge. He isnt going to say "Well, Ms. DZNursie... you signed the paper so you lose"! Every case is different and the judge takes into account all the facts.

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Originally Posted by odinn7

Hey there...why don't you use some of that anger of yours on the people that you feel wronged you rather than the only person here who is trying to make sense out of what you're saying?

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Hello odnin7, Did you post a reply because I can't find it and Im not trying to be mean, its just that Smoothys answers didn't apply to my post and were of no help for that reason. I also don't like when people act like they know everything when they don't. Eg; I was able to to put my car in my driveway. If I wasn't then I wouldn't have said that's where I thought he was taking it to. And no, 90% of what I was talking about was not the fees at the lot. So I copped an attitude.Although Smoothy was being polite, he was saying things that were inaccurate. Sorry about it but besides my car issue I have a dying mother which is the whole reason I got my car back on the road in the first place. Now I can't get to her. But I do feel that everything I say gets a negative reply putting blame on me. Man... have some faith. Sorry Smoothy.