Legal Question in Insurance Law in New York

No current injuries, but the insurance group of the at-fault party is refusing to pay the towing and storage lot fees before inspection and estimation. The at-fault party's insurance group procrastinated on the process on inspection in light of having the location of the vehicle-- thus, allowing higher storage charges to generate. Although they've finally decided to accept full liability following their investigation, they have notified me that they will not accept responsibility for the towing charges. The tow yard's policy is that nu car can be inspected nor can any objects from the car (including my license plate, which are needed to be relinquished to the DMV in order to cancel my plan) be removed until charges have been take care of. who's truly responsible for these charges on ny state law? What should be plan of action towards resolving the matter?


Asked on 1/08/13, 8:28 pm

1 Answer from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You have two choices. One, obtain the check for damages to your vehicle but specifically reserve your right to bring an action for towing and storage charges. Therefore you pay the latter yourself and sue for the rest in small claims court against the offending vehicle. Two, refuse to accept either, bring an action in small claims or district/ county court for all items of damages.

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Answered on 1/08/13, 10:02 pm


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