If we were in an accident a week ago involving a driver who was under the influence, how do we get our car out of the tow lot?

The police had our car towed and it’s been sitting in a tow yard ever since at $75 a day. The owner will not release or car until fees are paid in full and had been threatening to ruin it credit since day 3. The police haven’t finished the full report yet so our insurance company cannot take any action. We owe $925 which we cannot pay while the police haven’t even finished the report. It’s there any legal action we can take? This would ruin us financially. We could be homeless after it.

Asked on August 28, 2013 under Accident Law, California


Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 7 years ago | Contributor

I don't understand what connection there is between the police doing their report and the car sitting at the towing company. One doesn't seem to have anything to do with the other. I also don't understand why your insurance company can't do its job before the police report is done. It sounds like maybe you are not talking with the right people. Maybe you need to speak with everybody's supervisor. It also doesn't make sense that the towing company wants to be paid but won't take your money until the police are finished? That does't add up. It really shouldn't be this complicated. Normally, you simply report it to your insurance company, then have an estimate done, and then either have it repaired, or if its totalled, then get a check from the insurance company to pay for the totalled car. I would suggest going above everybody's head and talking with the people in charge. Nothing you've explained makes any sense. One other thing. Ask you insurance company if they have notified the insurance company for the at-fault driver. They are the ones that should be paying. Maybe getting them involved will speed things up. I wish you luck.

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