QUESTION
Is the at fault driver responsible for towing and storage?
Asked on Nov 09th, 2015 on Automobile Accidents - Kentucky
More details to this question:
It took the at fault drivers insurance company almost 80 days to even assess my car's damages and now they say they will only pay for 35 of the days it sat in storage after the accident. I think they intend on paying all the towing and storage fees to the towing company and then deducting the rest from my check for the value of my car. Can they do that?
1 ANSWER
Technically "no."
However, the issue is proving the deduction took place. If you are dealing only with a property damage issue and your car is a total loss, then the insurance company will make a property damage settlement based upon "fair market value."
Your idea of fair market value and the insurance company's idea of fair market value may likely be different. Your option is to sue the other driver for the damage and then incur the cost of having an appraiser look at and value the car. The cost to litigate "fair market value" may well exceed the benefit of doing so.
Answered on Nov 11th, 2015 at 4:54 AM
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