Hydroplane accident

[aliannghia]

Hi! So I had a car accident nov 2020. My car hydroplaned off the road ( not speeding) and came to a rest at a tree. A officer was a little ahead of me and immediately came to help me. He asked me what happened, I explained there was a large pool of water while driving my wheel locked and I could not turn to the opposing lane. my car started being pulled off to the side of the road.

A tow company that was not on my insurance came to get the car. And I was hysterical in the back seat of a friends car while this all happened she went out to take pictures for me of damages. I was shaken really bad about it and tried calling the tow company for my car and they were telling me over $1,000+ only two days of having my car. They told me I could not have my belongings because they were suing me and auctioning my car. I had a lot of personal belongings in my car still. So I never paid it, a friend of my families told me my insurance could pay storage fees but couldn’t guarantee the car being there after a year which I was fine with.

So I spoke with my insurance I have comprehensive and roadside. They told me they could definitely pay it. I guess after finding out the amount after the year they are changing their mind saying it’s a “ astronomical amount”. So I’m being investigated they got a verbal statement from me as well as a emailed and police report.

On the report the officer said he confirmed my statement of what happened due to him witnessing it. He confirmed by my car the wet grass and mud showed I “ gently faded off into the right soft shoulder” and rested at a tree including he saw there was a large pool of standing water in my lane. As well as he witnessed the entire accident and that it was a hydroplane accident. They are trying to say I lost control and that it is a collision, claiming I ran into the tree but it was due to weather. I’m not sure what to expect all I wanted was the tow fees paid like I was promised.

They even were telling me they would get my car back if it’s on the tow lot. They had me schedule a adjustor and then completely blindsided me. I have heard nothing back since sending a police report and have called many of times. Any ideas on what could happen?

 

[justluck1234]

@aliannghia They are absolutely not going to pay 14 months of storage charges.

 

[ricetree]

@aliannghia Assuming you have some damage then towing and reasonable storage would be covered if you have collision coverage. It is a collision loss even if it was raining and roads were wet. Is the car still in storage? The insurance will only pay a reasonable amount, you must mitigate your damages.

1. Find out if it’s still in storage (or auctioned for fees owed.) do you owe anything or have they sold and closed the debt.
2. Do you have collision insurance? If not I don’t see how they will pay anything.
3. Personal items, there is likely no reason they can hold them. You can see if they are licensed in your state and submit a complaint.

 

[occamsrazor18]

@aliannghia yea you lost control its that simple. the water and road conditions, cant be blamed but you can.

you have a duty per the insurance policy to mitigate your damages, the car sitting there for over a year-they arent going to pay it at all. you were responsible to move it, why did you wait almost 2 years to sort this out? What have you been doing since November of 2020??

 

[aliannghia]

@occamsrazor18 A lot actually …. And if the entire road is flooded I just don’t fully understand I guess… my steering was locked and brakes were not going to do anything for that. The only reason I got the information from it being “ due to the weather condition” was from a insurance representative so I assumed it made a difference. From what she said the weather could’ve been claimed as the cause. I 100% agree it was my problem but when I decided to just call and ask they told me that everything could be handled even after that long. As far as what I’ve been doing dealing with emotional and physical consequences from this accident even still … back and forth to chiropractic, pain management, 4 rounds of physical therapy, psychiatric appts for ptsd (depression,anxiety), trying to work and juggle multiple things and appointments … not making an excuse… i get what you’re saying. Just has been hard ive went through a lot since that has happened I don’t have support I’ve never been in a accident. This was my first car I couldn’t afford to get it out. The tow company told me only two days of having it storage was $900 I didn’t have that … and medical issues and the injuries I had were priority to me I guess. Thanks for the reply though.

 

[occamsrazor18]

@aliannghia your young it seems-and admit you dont understand. The road cant be at fault, you lost control and crashed the car - thats it in a nutshell. weather conditions arent a factor here, you are supposed to be in control all the time. If I was your adjuster (as pretty much everyone here will agree) Id find you at fault and tell you the reason is the above.

While I understand you were injured, like you said it is no excuse. You should have contacted the insurance, told them where it was, if you carried collision coverage they would a picked it up and either took it to a salvage yard or body shop to repair it depending on the damages if you dont carry collision coverage this is all 100% on you.

The likely reason it was 900 to get it out is they charged storage, administrative fees, clean up for any debris, and recovery. When the police call the tow company to get a car they have a contract with that company that says they gotta be there in like 15-20 mins tops even if its 3am sunday night in a blizzard. So they charge appropriately.

Bottom line: Im sorry to say but waiting over a year to get the ball rolling is going to kill you here. I hope the car was owned outright-just sign the title over to the tow yard and get your stuff if anything you want out of it. If you financed it you are screwed, they will eventually find it, repossess it, and charge you for the damages if the insurance doesnt cover them

 

[aliannghia]

@occamsrazor18 So what would be the outcome of signing the title to the tow yard? I did pay for it completely and have the title.

 

[occamsrazor18]

@aliannghia they pretty much will absolve you of the storage charges and fee's in most cases and sell your car for scrap or fix it and then sell it for profit.