Legal Question in Personal Injury in Georgia
i had a wreck in my car, but it was the other persons fault. i had it towed to a towing company and they told me after so many days that they can place a lean on the car i already owe $200 for just 4 days they charge $40 dollars a day,can i move the car to my house without violateing any laws of insurance, the insurance company has not come to look at the car yet ? roger
2 Answers from Attorneys
The answer depends on information we don't have. If you were injured you should already have a lawyer, and the lawyer will know. Otherwise you have been negligent in not already discussing the property claim with both your insurer and their insurer.
After a Georgia auto accident, a towing company that has towed and held a car at police request must release the car to its owner upon demand once the police have released the car from its �hold� status. An exception to this rule occurs when a towing company has a lien on the vehicle for removal and storage costs.
Prior to acquiring such lien, the towing company must comply with the requirements of Georgia Code Section 40-11-2. OCGA � 40-11-2(d) requires a towing company, within seven days of the towing date, to notify the car owner by certified or registered mail of the location of the vehicle, the fees connected with towing and storage, and the fact that it would be deemed abandoned unless she redeemed it within thirty days of the towing date.
As a practical matter, you should call your insurance company and make sure they will be paying for all towing and storage costs. Document this by sending a letter to your insurance company. If you have been seriously injured, you should first consult a Georgia auto accident attorney.
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