Can mechanic charge storage fees if it’s not in contract and no work has been done on car?

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Can mechanic charge storage fees if it’s not in contract and no work has been done on car?

I totaled my car 10/31/10 and it was impounded. I was contacted 11/02/10 by the dealership that I got the car from and I advised them the truck has been wrecked. I told them of the financial bind I was in on making payments because I had to get the car out of impound and towed to a mechanic. The same day I talked to the dealership, I had the truck towed. The lady at the dealership failed to tell me that I had a payment protection plan on the car and that all I had to do was have the car towed directly to them. For 3 weeks I have been trying to get the car back from mechanic; he is charging me fees.

Asked on December 2, 2010 under General Practice, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I believe that they can charge storage fees in general but I would double check with your state attorney general's office.  What is the reason that you can not get the car back?  Because they want you to pay the fee?  I would call and try and make a deal with them.  Or see if your protection plan can help in any way, especially if the dealership did not advise you that you should have it towed there.  Also, check with your insurance policy as well.  Maybe they have a tow coverage and coverage for storage fees.  Try anything but you may have no choice but to make a deal here. Good luck.


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