If I was in a car accident and the at fault party’s insurer is telling me that they want to tow my car to their lot but will not pay storage fees after 3 days, is this legal?

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If I was in a car accident and the at fault party’s insurer is telling me that they want to tow my car to their lot but will not pay storage fees after 3 days, is this legal?

There has not been an assessment or a decision made about the condition of my car.

Asked on December 9, 2014 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The allegedly at-fault driver's insurance--and it's always "allegedly" until and unless there is a court determination of fault--is *not* required to pay *anything* to other drivers or other persons who were injured or suffered property damage. The may offer to pay some amount(s) to settle the case, but do not have to pay a dime unless there is court judgment against their driver. Settling is purely voluntary for all parties involved. Similarly, the injured parties can agree to take some amount in settlement of the case, but are not required to take what is offered; if it's less than they feel they are entitled to, they have the right to reject any offers and instead sue to try to collect the full amount of their injuries, costs, and losses.


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