What to do if my parked car was hit and totaled by an uninsured driver 2 months ago?

Since, it has been sitting in storage. It is not drivable. I am a senior citizen on Social Security. I have no money to pay for the storage but the storage company will waive the fees if I turn over the title. I am taking the driver before the magistrate next month but the towing company does not want to wait for the title. Will my case be adversely affected if it I do not hold the physical title to my car? I have photographs of the damage, the odometer,

Asked on November 7, 2014 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Not holding physical title to the car at the time of the trial does not directly affect your case--you can still sue your damages or losses, since you owned the car at the time of the accident--but may affect the total amount you can recover, since if the storage company gets the title from you, you can no longer have it repaired, so repair cost is not a factor; the value of the car will be appliced against and reduce what you owe the stoarage company; etc. Because your factual situation, and hence costs and losses, will be affected by transwer of title, you will not be able to recover the same amount as if you still owned the car.

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