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Your Duty to Mitigate Damages After Wreck

  • By:jimspearsadm

If you are in a wreck and your car is towed to a repair or storage yard after the accident, you need to make sure that the at-fault driver’s insurance company or your company (if you were at fault) looks at the car. If the car cannot be fixed, make sure that they take it to a place where storage fees will not be added daily. I had a case where a UPS driver made a left turn in front of my client’s vehicle. The car was totaled and taken to a tow yard. UPS denied liability even though their driver was charged with causing the accident. The client’s car sat at the tow yard for several years until UPS finally decided their driver was at fault. The problem was that the tow yard operator by that point had a storage bill that was approximately $35,000. Although I was able to work things out with the tow yard operator it should not have gotten to that point.

If the insurance company agrees to tow the totaled vehicle to a storage yard make sure you get the license plate and anything of value out of the vehicle before it is towed away. The operator of the facility where your car was towed will not allow it to be moved until you authorize it to be moved.

Give us a call or call and set up an appointment with Jim to discuss your case. (864) 585-4777. jim@jimspearslaw.net

Posted in: Auto Accidents, Motorcycle Accidents, Truck Accidents