Can I recover my personal belongings at no cost to me from a tow yard?

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Can I recover my personal belongings at no cost to me from a tow yard?

My car was totalled in an accident. The person at fault drove away. My car was towed away and I was not given the opportunity to retrieve my personal belongings at that time. I only have liability for my insurance. I just want to get the stuff from my car but the yard says that I have to pay them before I can.

Asked on May 22, 2012 under Accident Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your vehicle was in an accident and towed to an auto storgage yard with your personal effects within, the owner of the tow yard is obligated under the law to provide you an opportunity to access your car to retrieve your possessions after proper identification is presented at no charge.

If the tow yard refuses to allow you access to your vehicle to retrieve your belongings, you would possibly have grounds for a lawsuit against the yard for the fair market value of the items you may end up losing located in your vehicle.


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