Car accident and they are not even looking at the vehicle | Is it legal?

by Jami

I was involved in an accident with a drunk driver. My truck is at a shop and the drivers insurance has been paying the storage fee.

I've still have not received the highway patrol report as I'm sure the other insurance company has not either. I received a phone call from the insurance company saying if we don't remove the truck; it will come out of our pocket.

They have not even offered a settlement. Am I liable for the storage? And also, the adjuster just called the shop and did not physically inspect the truck. Is that legal?


Answer to: Car accident and they are not even looking at the vehicle | Is it legal?


Hello Jami,

You want to minimize the damage as much as you can. You could be liable for the storage fee if you fail to mitigate your damages. The key here is that you must make a documented effort. In other words, if you cannot pay to remove the car, write to the insurance company so you can show that you told them you are unable to mitigate your damages and you need their help as it was their fault.

In addition, it is not illegal to simply call the bodyshop and/or mechanic and ask for their estimate or inspection. The insurance company has time to investigate (usually a “reasonable time”) so they may take their some time and be able to be in compliance.

I hope this helps,

Good Luck
Auto Accident Claims