If I was rear-ended in an accident, am I liable for towing and storage fees?

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If I was rear-ended in an accident, am I liable for towing and storage fees?

I was rear-ended and my car was undriveable. While I was getting looked at by the paramedics, the police and towers took my car. I was asked no questions or where it was or where I would prefer it go. Now they want $560 to get it out. I’m pretty sure it’s totaled but they are hassling me for the money when I did not even get asked where it should go. Is there something legally I can do? Especially because this accident was caused by a young distracted driver, I don’t feel I am supposed to be in this situation.

Asked on October 29, 2012 under Accident Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The at-fault party's auto insurance carrier should pay your towing and storage charges.  These charges should be included in the property damage claim you file with the at-fault party's insurance carrier.

If the insurance carrier refuses to pay those charges, file a lawsuit for negligence against the at-fault driver/ registered owner of the vehicle (if the registered owner is someone other than the at-fault driver).


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