Legal Question in Consumer Law in Massachusetts

My 21 year old niece was in a serious MVA sustaining traumatic injuries. She was told by the police department that she would be notified when the investigation was complete and when her car would be released to her. After 3 weeks, I decided to get involved and called the investigating officer who stated the car was already released and obtain the waiver at the police department. Which we did. Then we called the towing company who told us the car was considered abandoned and will not release any of her personal belongings to her without a large payment. At first he said 1400.00 dollars and then said he would take 500.00 dollars and the title to the car. The car is totaled but my niece was moving to a new apartment at the time of the accident and has many personal belongings being held "hostage". My niece is was a preschool teacher but cannot work yet due to her injuries. She has no savings and is unable to afford this fee. Her insurance company is not covering these charges because of the policy. My question is what is the reasonable fee a towing company can charge? I am willing to help her pay but do take want to be "taken" by this towing company. Any advice would be greatly appreciated. Thank you.


Asked on 9/23/14, 5:54 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question and my sincere condolences to your niece.

Certainly, more information is needed before a good answer can be given. In answering your question, it may be helpful to know whether your niece was at fault for the accident. If another driver was determined to be at fault, or even if it appears likely that another driver was at fault, your niece may be entitled to compensation for her damages, including medical charges, damage to, or loss of, personal property, lost wages, etc.

You say the insurance company is not covering the charges because of the policy, but is that because of a lack of coverage, or because she was determined to be at fault, or because no other person is at fault and she had no uninsured/under-insured motorist protection? Was the car abandoned or determined to be a total loss?

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Answered on 9/23/14, 6:20 am


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