can an insurance company refuse the money they said they would pay for my total loss if they refuse to pick up the car?

UPDATED: Mar 16, 2012

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can an insurance company refuse the money they said they would pay for my total loss if they refuse to pick up the car?

The storage fees have become excessive and they think that because the business that has the car is my family that they shouldn’t have to pay the storage fees. The storage fees have nothing to do with me and the money they owe me. They said they wouldn’t send me the check until they got the car. How can I get my money from them since the problem they have is with what the shop is charging? They have my title and refuse to pay.

Asked on March 16, 2012 under Accident Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your vehicle has been deemed a total loss by your insurance carrier where you will get a check for the car's fair market value at the time of the accident, it is irrelevant that your insurance carrier has a dispute with the storage company for your damaged vehicle.

The insurance carrier now technically owns your vehicle and is responsible for its storage fees. You need to get a check for it. I suggest that you consult with an attorney who practices in the area of consumer law further about your issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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