Can I leave my totalled car at the tow yard?

UPDATED: Oct 1, 2022

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Can I leave my totalled car at the tow yard?

I was in an accident in where I rear
ended someone, however, the other person
was cited because they were trying to
change lanes when it wasn’t safe to. Her
insurance company is trying to say I was
a percentage at fault though and are
waiting for the police report. In the
meantime, my car is at a tow yard and
accruing storage fees. I cannot afford
these fees and the other insurance
company will not cover these fees until
they receive the police report and even
then, they may not cover the fees if
they believe I am at fault for a
percentage. I only have liability on my
car so my insurance will not cover it.
Can I just leave my car at the tow yard
and if the other insurance company won’t
pay for my fees because they believe I
am a percentage at fault can I just
give my car to the tow yard? I simply
cannot afford the fees.

Asked on January 27, 2018 under Accident Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The tow yard can *choose* to accept you car in payment of the fees, or at least to take it, sell it, and apply the amount receied against the fees you owe--but they don't have to. You can't force them to take your car or give up their claim against you for the fees, and they could choose to pursue (e.g. sue) you for the fees instead if they choose.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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