Paying Storage Fees on a Totaled Car after a Wreck
Aside from any personal injuries you may have suffered in a Dallas-Fort Worth auto accident, chances are that your vehicle has also suffered substantial property damage. If you hire me as your lawyer to help you claim compensation for your medical bills, loss of income and pain and suffering then I am happy to help you with your vehicle damage claim as well.
My Car Is a Total Loss One thing that the insurance company can do to save themselves money is to claim your car, truck or motorcycle a "total loss." A totaled vehicle basically would cost more to repair than what it's actually worth. If that's the case then the insurance company would pay you the fair market value of your vehicle and you can say goodbye to your car. Of course, if you want to, you are able to buy back your car from the insurance company for the amount they gave you. If you chose to do that you need to be aware that you will be out of pocket as you will need to fund the cost of repairs yourself.
Paying the Storage Facility in a Total Loss Case Another cost that you need to be aware of is the vehicle storage fee. According to the Vehicle Storage Facility Act, the storage yard that has been holding your car still must be paid even in total loss cases. Since the insurance adjustor often delays paying out your money for as long as possible after the crash, chances are the storage bill is going to have grown quite large. By law, vehicle storage facilities in Texas are allowed to charge:
A notification fee
An impoundment fee
A daily storage fee
Any fee that is required to be submitted to a government or law enforcement agency
Any fee that is required by the Texas Commission of Licensing and Regulation
You shouldn't have to pay this expense out of your pocket. I know that the insurance adjustor can drag his feet, so if they are going to make you pay to repair your car yourself, they should certainly be responsible for the enormous storage facility bill caused by them taking so long to settle your claim.
Texas Occupation Code section 2303.156(b) states that "An insurance company that pays a claim of total loss on a vehicle in a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle or to storage of the vehicle in the facility regardless of whether an amount was accrued before the insurance company paid the claim." For more information on pursuing a property damage claim related to your Tarrant County car accident, you can request a free copy of myTexas Property Damage Guide.
Mark Anderson has been practicing personal injury law since 1991 and is recognised as one of the best attorneys in his field.
Mark is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization – a distinction held by fewer than 2% of Texas lawyers. He was selected as a life member of the Multi-Million Dollar Advocates Forum as recognition for his success in recovering compensation for his clients. He has been honored with the prestigious AV Rating by the Martindale Hubbard System and has been rated 10/10 (the highest level possible) by the AVVO Rating System which ranks attorneys based on experience, conduct and industry recognition. Mark was selected as a Top Personal Injury Attorney by Fort Worth Magazine in 2009 and 2010.
For more information about Mark, see his biography.
