Legal Question in Civil Litigation in California

Can a towing company charge me to keep my car?

Thursday, 1/1/2009, my cousin was the victim of a hit and run accident. Her air bags were deployed, her windshield is cracked and the car is basically totaled, and she only has liability insurance. The company that towed it is trying to charge her a $100 fee to sign the car over to them, or be subject to an initial of $230 and an additional $80 a day until the car is sold? They told her if she doesn't pay by Monday they will send the bill to collections, and mess up her credit. It seems like she shouldn't have to pay them to keep her car, when they are eventually sell it for parts. They also will not allow her to retrieve her radio, even though it is a removable accessory. Is this legal or is it extortion?


Asked on 1/03/09, 4:12 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Can a towing company charge me to keep my car?

If the at fault driver has insurance, that will pay for the car damages, etc. It would also pay for any personal injury she suffered. Have her contact her insurance company for help and advice. If she is injured, consult with a local attorney. However, if the at fault driver has no insurance and is the typical 'no asset' flake, then she'll get nothing out of this. If that is the case, she should file at least a small claims court case against the flake, so that she can get a judgment to record; he may someday try to get a loan or sell some property, and she'd get paid then. She should not pay the tow company anything. This won't affect her credit, and there's no point wasting more money.

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Answered on 1/05/09, 1:47 pm


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