Car illegally towed and damaged

[sourapplecider]

Yesterday morning the police came to my door and informed me that my car was towed illegally, and when the tow truck company tried to tow it back, the truck driver was rear ended by another vehicle. The police said the other driver (I'll call them driver B) was at fault, and they happened to be unlicensed (they only had a learner's permit).

What actions should I take here? The claim was filed (driver B's car was insured by state farm) already, how long will that take to process? I'm new to this whole thing.

Also, does the car look totaled? What kind of payout should I expect? It's a 2008 Accord LX with 132k miles, Has a bunch of brand new parts (Timing, Water Pump, Starter, AC, more). Also is the tow company liable too, since the car was damaged in their care?

https://imgur.com/n0zkSyf

https://imgur.com/eQmbuWZ

https://imgur.com/77bg1xb

https://imgur.com/iVEMWfC

https://imgur.com/nib0DdN

https://imgur.com/D4w1mkr

https://imgur.com/fIGdDLX

I'm new to all this, never been in an accident or dealt with insurance before.

Edit: I'm in Maryland btw

 

[justinian]

@sourapplecider Your car is totaled.

This can take a while. If you have your own insurance policy with collision coverage then I’d consider filing through them for a better experience.

 

[resjudicata]

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This post was mass deleted and anonymized with Redact

 

[chibimaddy]

@sourapplecider There’s no way for us to say for sure on the amount. It’s whatever the actual cash value comes out to. As to if it is, eyeballing it ID say yes as there is probable frame damage and might exceed its worth to repair. And those items you list dont add to the value. They are required to make the car operable. Maintenance items

If driver B’s insurance accepted liability, it could take a few days or a week for them to determine if a TL and then to handle it. Especially with the holidays.

The tow company does have liability since they were in the wrong and caused the issue to start. But that wont be a factor for you, typically, as long as SF pays the full amount. They’re at fault for the accident. The tow company is at fault for the situation.

 

[jason381]

@chibimaddy There is no way this car isn’t a total.

 

[whydontwe]

@jason381 I only looked at the first photo and didn’t need to see anymore to know this.

 

[sourapplecider]

@chibimaddy Thanks for the response! I need a car to drive back to school next week, you think SF would be able to probide a rental?

 

[chibimaddy]

@sourapplecider Yes. If they accept liability, they should provide you a rental up to a few days (lets say 4 days) after an offer is presented

 

[mrsg559]

@sourapplecider Car most likely is totaled based on the trunk area and rear quarter panels alone.

You're probably only going to get about $4000 for it based on a quick search of values and ones currently for sale.

I can't see the tow company having any extra liability due to them not being at fault in the accident. It would be no different than you loaning the car to someone and they get hit. They don't owe you more just because it was in their care.

 

[sourapplecider]

@mrsg559 Thanks. I'd take $4000, not enough to get an equivalent but it'd help.

 

[i_love_you_lots]

@mrsg559 Due to this being an illegal tow, couldn’t they be held liable for losses related to the incident that the driver’s insurance wouldn’t cover?

And if it was done intentionally, then the insurer no longer has a duty to defend the insured.

 

[ccxerein]

@sourapplecider I think this is one of those situations where a well-written demand letter to the people who stole your car with some specific expectations detailed out might pay off.

They are not going to want to be going to court over this.

 

[iraregem87]

@sourapplecider The tow truck company had custody of your vehicle. They were responsible for it. The fact that they weren't even supposed to have it further reinforces this and gets around any projection they have for towing vehicles under good faith.

Your source of reimbursement 100% should be the tow company. The way it should work is the tow company is responsible for making you whole, and then they can go after the driver of the other car to make themselves whole. That said if everyone has insurance, the insurance companies may work together to make it easier. The permit driver ostensibly is still covered by someone's insurance, probably the owner of the car, so if everything gets paid for it doesn't really matter who it comes from, but if you are left hanging, the tow company is likely the right party to go after first.

In term sof how long it takes, it's going to take a while. Totaled cars take a while usually because they have to get the car, appraise it, and get your approval on the appraisal value. Also make sure thye know of any recently replaced parts because those can sometimes be credited (depends on the insurance and the laws but I for example got credit for having nearly new tires when my car was totaled by someone else). If you don't have rental coverage on your own insurance either the tow company or the other guy's insurance is likely obligated to cover you but it's a pain in the ass. Reach out to your own insurance to get help navigating the process. Most of the time even if they don't cover it themselves they will help you connect with the party that should.

 

[sourapplecider]

@iraregem87 Thanks for the response! I'm in Maryland, and by law they are responsible for all damages that occurred. They probably told me to go to SF because they didn't feel like dealing with it.

 

[gandalfs_associate]

@sourapplecider NAL: I would mention that if the tow company was TRULY remorseful in returning your vehicle after illegally towing it they would have brought it back with a flatbed tow truck. It looks like they tried to return it with a wheel-lift that was used to originally tow it.

 

[sourapplecider]

@gandalfs_associate They told me they used a wheel lift, and the collision pressed my car into the truck. They didn't even bother to call me at any point, I had to go there myself.

 

[primordiarch]

@sourapplecider No shit they don't have your phone number lol

 

[raphacam]

@sourapplecider It will take a long as it takes. The other party's insurance owes you nothing right now. But they are obligated by their contract with their insured to thoroughly investigate to determine if they're liable and if there's coverage available. That could take several weeks depending on whether or not their client cooperates or not. As for how much would you get paid if it's totaled. You'll get the fair market value, no more, no less. The "new parts" you put on it recently is just maintainence and doesn't add value to the payout.

 

[ukcrusader40]

@raphacam Certain recent maintenance items can add some value depending on time frame and with receipts provided.

Edit to add - clowns downvoting me. It’s not like I do this every day. There is literally a checklist of common maintenance items with miles since performed in the valuation process we use.

 

[ladybythelake]

@ukcrusader40 Yes, totaled a car and the maintenance from the day before was reimbursed!