Touchy subject impounded fatality

[TowForce]

Topic was originally created on Tow411 by DMcCullough on 08.22.08

 

On 8/11/08 my company was called to pick up a vehicle that had been involved in a head on fatality accident by the Wisconsin State Patrol. The officer on scene requested secure inside storage with a hold. I with the help of an employee cleaned up the scene and transported the casualty to our shop for inside storage. A family representative came by and with WSP approval retreived an item from the vehicle. There were a total of 5 inspections and retreivals from this vehicle while it was placed on hold. On 8/15/08 WSP released the holds on the vehicle. Monday the 18th of August, representatives of the family, with approval from law enforcement removed personal articles from the vehicle. The representatives told me an atty may be calling me about hold the vehicle for his law case against the other driver. The vehicle has full coverage through Safeco. I will not store fatality vehicle outside. Here in lies me dilema, should I make some calls or let this thing sit. Wisconsin has a no dumping law. The owner is deceased and the power of attorney knows the vehicle is here. This recovery was very expensive for a light truck accident, however debris was scattered over a 1/4 mile of interstate. I want to make sure I get paid for my recovery and storage, Any tips or ideas? Do I call the owners ins? Do I call the family's rep? Should I just be silent and hope I can collect my money?

 

dmurph897 said:

Don't be silent. Be respectfull of the family but contact the attorney. Make arrangements to be paid to date and possibly negotiate a storage contract for as long as he wants to retain the vehicle. If he will not cooperate proceed as normal and get your money. Some attorneys will lie to you,promise eventual payment etc but in the end the money pie will only be a certain size and they will want to make your slice very small.

 

Anaron said:

Attorney wants it a hold on it, it's his baby - not the estate! I would get a written hold agreement with payment up todate with a written understanding that the attorney would be billed every month for current charges and the minute those charges are not paid, the hold is no longer valid and vehicle will be processed and disposed of. No reason to contact the family as it is no longer under their control. I would also contact Safeco as to their position on this matter. I made the mistake some years back in not covering my butt. My case took two years to resolve and my customer lost the suit and I lost 2 years of storage and the recovery bill. Not going to happen again!

 

DMcCullough said:

Thank you guys for your insight. I try to be honest and fair in my business. However sometimes you seem to look at something that is a gray area. You just need a different set of eyes to look at it for you. Thank you. Dave

 

interstow said:

Start by sending a letter to the family advising them of the costs qand your polocies for payment. Lay out all of your polocies for payment and such. If they decide to hire an attorney then the family can forward to the attorney. Let everyone know that you need to be paid, and if not the car will go thru the normal disposal procedures. I also have attorneys pay 2 months in advance, so if they dont pay by the due date you can start the disposal process and not be out too much cash. If you would like, e-mail me and I will send the agreement I use for longterm evidence storage.

 

kyresqtow said:

I would be calling the insurance company and the attorney and let them know that you need to be paid for charges up to date asap.... we just got rid of 2 from Feb a couple of weeks ago... Attny wanted cars for lawsuit but was not willing to pay for storage... so he lost them.... too bad so sad sorry about his luck... if they need evidence stored it is up to the attorney to take care of.... we have stored many for evidence in the past... always with a contract and lots of money up front...

 

DMcCullough said:

Well I've been getting lead in circles on this for a couple of days. After finally getting through to the right person the vehicle is getting picked up by it's former owners ins. Atty. wanted free hold and storage "in case" This isn't Unicef sir! (I love that line from the movie Joe Dirt) Ins. company was told about it and thought it was a little fender bender.... thought my charges were out of line. got photos and itemized bill vehicle will be picked up soon and paid in full no disputes. I am glad I called. Thanks for the advice guys.

 

TOM said:

My take/ I have a car here that was a car fire which the driver died in his drive way. the police held the car for 3 month and it was towed buy another tow company. The lawyer that rep. the person ask me to pick up the car and hold for them. The car set here for 6 months I was paid with escrow accout about 4 grand i reduce the storage price and the tow . I still have the car and will be paid again with lawyer check. the car not bothering me how ever in your case I would mae contacts with the lawyer and family and ins company to make payment on service. I had to do that before on a fal, which I towed the bike and the car to SO impound yard.