LEO, lawyer question...

[1911ly]

My daughter was in a accident yesterday. She is ok thank god. Her car is at the tow yard. Probably a total loss. She has items in the car she would like to get out. But the tow yard won't let her touch the car without paying the tow bill first. Is this legal??

 

[chocktaw2]

I'd say business as usual. A tow bill is a lien against said vehicle. Whats to keep you from getting your , and hauling ass?

 

[chocktaw2]

I'd say business as usual. A tow bill is a lien against said vehicle. Whats to keep you from getting your , and hauling ass?

Oops my BAD, I'm not LEO, and I'm not Legal either.

 

[Ziggidy]

Back in Illinois my family was involved in 2 accidents, 2 years apart. Both times the auto was towed (both totaled) but they never denied access to the vehicle to remove personal items.

They have your auto as collateral so I would believe they should allow access. Just an opinion on my part based on experience.

I would contact your insurance company and see how they will get involved. My insurance took care of all bills related to the crash.

 

[UTL]

Not the most reputable companies around. I doubt they would do anything illegal in the daylight hours.

 

[PGRChaplain]

Call the Police Dept. that authorized the tow. Explain your predicament to them, they should be able to make a phone call at the tow operator. The tow company has the car for collateral against the tow bill.

 

[1911ly]

Call the Police Dept. that authorized the tow. Explain your predicament to them, they should be able to make a phone call at the tow operator. The tow company has the car for collateral against the tow bill.

I called the PD involved and they said they did not know the answer to my question. It is not so much a question of paying the tow bull as it is a question about holding personal property IE the contents. I can see the keeping the car until the top bill was paid. They wont even allow taking pictures of the car.

As for my person experiences with tow companies I have had my tool box stolen after a wreck. I told the tow operator, the cop the EMT's that were there that my tools were in my truck. I was told by all on the scene that they would be safe. An hour and a half later when I get to the tow yard my was missing. The tow guy has no ideal what I am talking about. Thanks Hamilton Towing of South Bend. Over 1k of tools gone, poof like that. Called the police and I hear we hear this crap all the time. You just want free stuff.

My daughters wedding dress is in the trunk. She would like to make sure at least that is safe ASAP.

 

[WebSnyper]

Interesting. When I have had vehicles towed due to accident, it was always to my choice of repair shop, even if it was later totaled. Repair shop dealt with the tow company, and insurance paid repair shop for expenses (either repair or incidentals as far as totaling the vehicle). Then if it was totaled I got my check. I was always allowed access to the vehicle.

If no pictures are allowed, how will the insurance company take pictures, etc required for the claim.

 

[churchmouse]

Sounds a bit shady to me.

 

[chenowethpm]

Sounds pretty shady, the one time I had to deal with a similar situation the owner of the tow company met me and a friend at the lot on a weekend off hours so we could get the 1000s of dollars worth of tools out of the truck before they went missing.

 

[jsharmon7]

That’s pretty standard. I’ve not heard of anyone doing partial releases.

 

[Ziggidy]

Call your insurance company.....

 

[yeti rider]

Being in the collision business, that sounds shady as hell. I've been at it for 27 years and I don't think I've ever had a customer tell me a story like this. With this said, the worse you get with the tow yard, the more they dig their heals in. There is a place around me that has some signs up that just set a negative tone before you even enter the business.

 

[1911ly]

Interesting. When I have had vehicles towed due to accident, it was always to my choice of repair shop, even if it was later totaled. Repair shop dealt with the tow company, and insurance paid repair shop for expenses (either repair or incidentals as far as totaling the vehicle). Then if it was totaled I got my check. I was always allowed access to the vehicle.

If no pictures are allowed, how will the insurance company take pictures, etc required for the claim.

She did not know of any tow company. LEO probably called who ever was on the list. The car only has PL/PD. Pretty stupid to have only that on a 2008 Impala vehicle. But not my decision. Her mom gave her the car. The story is she was cut off on the road and hit a side barrier.

 

[WebSnyper]

She did not know of any tow company. LEO probably called who ever was on the list. The car only has PL/PD. Pretty stupid to have only that on a 2008 Impala vehicle. But not my decision. Her mom gave her the car. The story is she was cut off on the road and hit a side barrier.

Understood. And for the record, the last time we had one towed, we had a preference of towing company but they were going to take too long so went with who the cop called, but still had it sent to the shop of choice (in my case it is always Diamond Collision, as they handle this type of stuff very well).

I guess the lesson in this case is have it towed somewhere you know rather than just to the tow yard, but since she only has liability and property damage, not sure how that goes.

 

[hoosierdoc]

my SIL had a lot of stuff stolen from her car while in a tow lot. She was moving back from Purdue after the spring semester and the car flipped. Anything of value was taken and the tow lot stated they had no liability for it, despite it being in the car when they took possession of it.

and many of the items were for use in the home, not the car, so car insurance wouldn't cover it.

 

[VUPDblue]

In Marion County, if IMPD tows your car, it goes to a centralized storage/impound lot. That tow is under contract by the city and our lot is the only place it can go if we call for the tow. If you want it towed somewhere specific, the tow bill has to be paid on-scene to the tow company by you, or you can call your own tow/AAA. I cannot cite the rules for our tow service, but I have always been told that personal items are able to be retrieved from vehicles in the lot at any time and have not had any anecdotal experiences otherwise. Our tow provider photographs the vehicles to be towed, inside and out, prior to tow to document existing damage and also contents. The impound lot is secure and under guard so it's rare that property disappears. I don't know of any statute prohibiting a tow lot from restricting owner access to the contents of towed vehicles, so that may be a regular thing.

 

[Ziggidy]

Sounds like a racket to me......

 

[JettaKnight]

My daughters wedding dress is in the trunk. She would like to make sure at least that is safe ASAP.

Oh!

I was thinking some lipstick and junk, but oh!


Worst case, pay the bill, then get reimbursed... or sue.

 

[Usmccookie]

Wedding dress?! I bet shes distraught! You would think they would make an exception for a wedding dress.. best of luck. Maybe playing up how soon the wedding is?