Towing! (Everyone's favorite!)

[mermaidcafe.livejournal.com]

Ah, yes, towing. I'm hoping someone here knows more about The System than I do. Being new to MA (as I point out in, like, every post I make), brings out all of my Unfrozen Caveman Lawyer instincts.

I'm hoping someone here has inside knowledge or can be of help in my situation. I'm completely exhausted at this point because my car was totaled a month and a half ago in an accident not my fault (rear-ended at a stoplight) and I'm still going through a nightmare from that. (I've stored up good rants involving Enterprise, Hertz, certain cab drivers, insurance companies, a shady dude who sold me a car that died in 2 days, etc. When I say nightmare, I do mean grand mal, balls-out nightmare.)

The latest version of the nightmare is this: my totaled car was legally parked on the street by my apartment. It had to be there because insurance was inspecting it and assessing the damage and such. I don't know why it took the damage inspector over a month to come and inspect it, but it did. Finally, that was done, and I needed the title so I could salvage the car and get the insurance check for the car's worth, so I sent for that from Virginia.

Imagine my surprise to come home yesterday and find out that my totaled car wasn't there. "Surely I am simply delusional," I thought. But no. It was gone. I called the police and they said they'd towed it, but they didn't really give me a reason why. The lady wasn't forthcoming with any information, in fact, but I did glean I have to get a release from the police and then go to Pat's and give them $120, plus $25 for every day it's been there. Fun!

Ultimately, all I need to do is get all my stuff cleaned out of the car (there's a lot) and have the title so I can salvage it.

I'm exhausted and thoroughly dehumanized by now, plus I have job interviews this week and need to keep my composure somewhat, so any help would be wonderful.

I have a few questions:

Don't laugh too hard at my asking this, but is there any way to appeal or somehow mitigate this? Do I have any rights here? Is there anybody I can talk to that doesn't get off on turning me into a sniffling, pathetic mess?

How long do I have to claim my car? I'm trying to figure out if I can wait until I have the title so the salvage dude can just pick it up from the tow yard once I pay, rather than me having to tow it back to my apartment.

Comments

[srakkt.livejournal.com]

It sounds as though your car was first noticed because it had been parked, immobile, in the same place for more than two days consecutively. Which is unlawful, in Somerville. They may have made the mistake of assuming that the vehicle was abandoned (because it was totalled, particularly if it was visibly undrivable).

So of your first question, "is there any way to appeal or somehow mitigate this?" I'm afraid that the answer is likely to be 'no'. As for rights in the situation, I simply don't know. As for people who don't want to make you miserable, well, I can't speak for the folks at Pat's, really, but aside from that, very few people are likely to actively want to make you miserable.

The rest of the stuff sounds like details you could get from Pat's, but they may in fact want to make you miserable.

For what it's worth, I'm sorry you are having to deal with this; I went through something similar several years ago, and I know how truly unpleasant it can be.

[secretlyironic.livejournal.com]

All I know: If it looks abandoned, they can tow it. If you don't move it every so often, they can tow it (no "storing" a car on the street).

Further advice: If you can avoid it, don't have a car.

[mermaidcafe.livejournal.com]

Thank you for your sympathy!

Even if I find someone slightly friendly at the police department, I'll feel much better. In the past 2 weeks, I've already cried in front of 2 rental agents and 1 insurance agent, and I'm not looking to up that record anytime soon.

I just really can't believe that nearly two months later, I'm still dealing with this. And I can't believe how much money it's cost me to have some jerk total my car. I could've wrecked it myself for free.

[mermaidcafe.livejournal.com]

I figured it was something vague like that.

I wish I were in a position to be carless, but then I'd spend 4 hrs/day just to get *most* of the way to work. Not worth it.

[koshmom.livejournal.com]

I've heard dozens of bad stories about Pat's. Good thing the car was already totalled; likely enough they would have finished the job for you. If the stories I've heard can be believed, I hope your stuff's still in the car.

[mistresshellena.livejournal.com]

I would contact the traffic and parking office. They'll tell you what you need to do and what your rights are. Sorry if I missed you saying you already contacted them, but I was rushing through your post.

[c011een.livejournal.com]

sadly, you probably don't have any rights. as for how long you can leave your car at pat's towing, mine was there for a solid 10 days (i was on vacation, the person i asked to watch it did not, sigh). i think they'll keep it for quite a while. i asked what would happen if i simply didn't come get it (i was about to donate it). they said they would eventually sue me.

sorry you're going through this--it sounds like quite the debacle.

fyi-pat's towing only accepts cash. when i was there, they had an atm there, but of course it didn't work.

[foojam.livejournal.com]

I was involved in a similar accident a year ago, where I was rear-ended and my car was totaled. The insurance company paid for all towing charges, and the insurance guy inspected the car at the tow yard. The tow yard also let me grab everything I needed from my car. I'd talk to your insurance company and see what you can do, I'm surprised they didn't tell you to do something like this already. (Maybe you don't have this coverage on your insurance?) But if it wasn't your fault then the other person's insurance would pay for it I would imagine, so if you insurance company isn't very helpful, then I'd try the other person's insurance company as well. I think what should happen is your insurance pays for it and then they themselves seek reimbursement from the other insurance company once everything has been determined for who's at fault. I know it isn't much fun, good luck!

[magid.livejournal.com]

Sorry to hear about your car woes. I've been through some myself, and they're always miserable.

You should check with the tow place to see whether your car starts accruing storage fees after 24 hours; I know that in Cambridge, it does, and that can add up fast. Perhaps you could have it towed to the salvage place and let it sit there until you get the title?

[icecreamempress.livejournal.com]

The "tow to salvage place if need be" is a good suggestion.

Talk to Jim Kotzuba (director of Traffic and Parking) directly: he's the only one who would have authority to waive any City of Somerville fines. Put your case and see what happens.

[bikergeek.livejournal.com]

If the car was non-drivable, your insurance company should have arranged to have it transported to a secure location--i.e. one where it could be stored pending an adjuster inspecting it for damage and either getting the car repaired or declaring it totaled and having it junked. Usually that's some sort of repair garage or auto body shop.

As far as the shady dude who sold you a car that died in two days, lemon law applies to private-party sales of used cars in Mass. so there's a pretty good chance that if you follow that procedure you should be able to get your money back or get that car repaired so that it'll work.

As far as the money it's cost you, I don't know whether you had collision on your car or not. If you did, you should be filing a claim with your own insurer forthwith. If you didn't, you should be looking to recover from the other guy's insurance company--but it might take a while, and you might have to sue.

lemon law

[by-lime.livejournal.com]

The time periods and other requirements of the lemon law are very strict. If you had your car inspected within 7 days (it may have died before you had a chance) and it failed the inspection, you may have leverage, but only if you act quickly. Check out Mass Consumers' Coalition at massconsumers dot org. They publish a very helpful booklet called Car Smart and are generally concerned with protecting consumers and ensuring fairness in the marketplace. I'm sorry to hear about your situation; it sounds totally overwhelming. Best of luck!!!

Re: lemon law

[bikergeek.livejournal.com]

One presumes that one condition of passing inspection is that the car is actually mobile enough to make it to the inspection station under its own power. But you're right that the window is fairly narrow on the lemon law as it applies to used cars.

Re: lemon law

[by-lime.livejournal.com]

indeed, the car shant be dead unless it has just been resting...or it has been stunned. Pining for the fjords?

[thetathx1138.livejournal.com]

They are without a doubt the single most unethical business in Somerville.

[teko.livejournal.com]

Seconded. I couldn't believe all the damage they caused when I was towed last year.

[http://users.livejournal.com/_mattt/]

I would refine this advice just a little: If you can avoid it, don't have a car on the street. I know, not everyone has driveways and garages.

The parking rules do take some getting used to, but are pretty straightforward once you get the hang of them.

[craigindaville.livejournal.com]

Out of curiosity, what insurance company do you have? Seems like they are partly at fault, taking over a month to deal with this. When I was in a similar situation (rear-ended at a stop light on Land Blvd. in front of the galleria mall... she was on a cell phone, natch) the entire process from start to picking up my car from the body shop was 7 days. That was with Commonwealth Insurance.

Now that there are more companies in MA, I'm curious whether it was one of those newbies like Progressive...

[mermaidcafe.livejournal.com]

Thanks! That's good to know. Do you know anything about him?

[mermaidcafe.livejournal.com]

Thanks! My insurance company should have done that.

Unfortunately, that car was on my parents' policy and hten expired, so my new car is on my own policy with a different company. I might still be able to get my folks to talk to their insurance since htey still use it.

Re: the lemon, I stopped payment on the check and gave back the title, so that's over.

I didn't have collision. I wrote the guy a letter telling him of all my other expenses that his insurance didn't cover. I'm still investigating legal options as far as suing--either him or his insurance--but this way I gave him a chance to pay in case he's worried about either being sued or his insurance rates going way up.

Re: lemon law

[mermaidcafe.livejournal.com]

You are a lime kitty! What do you know about lemon laws?

[mermaidcafe.livejournal.com]

Well, this car was registered in VA and on Nationwide. But the other guy's insurance was CNA. I don't know why it took them so long. Especially because they ended up sending an outside property damage person to check it out anyway, not one of their own people.

Re: lemon law

[mermaidcafe.livejournal.com]

Thanks! As I posted above, the car died before inspection. But I had time to stop payment (bwa ha ha) and I got the guy to pay me back for towing and even for the stop-payment fee.

[mermaidcafe.livejournal.com]

That's a really good idea! Do you know of a salvage place to try?

[mermaidcafe.livejournal.com]

I did manage to find out about the cash only thing, thankfully!

Ten days is good, as well. It is time to mobilize and ten days means I can forget about it until after the job interview, hooray!

[magid.livejournal.com]

Alas, no.

[nuns.livejournal.com]

When my car was totalled and towed away without my knowlege or consent, I just told the towing company to keep it. They weren't too happy, but I didn't have to pay a bunch of fees to reclaim a car I couldn't use anyhow. If the amount you are likely to get for salvage is less than the amount it will cost you to reclaim the car, I wouldn't bother reclaiming it.

[craigindaville.livejournal.com]

But I think, as someone mentioned earlier, they can still come after you in small claims court to collect the fees, and I know of several towing companies that utilize this process to the extreme (one even did it so ambitiously/illegally that the owners were convicted in criminal court, see http://www.gilroydispatch.com/news/216971-former-tow-truck-operators-arrested). Obviously this company was lying and breaking the law, but she may still be liable for all proper fees ($25/day adds up).

Perhaps this cost can be passed along to the other insurance co?

[nuns.livejournal.com]

Someone must have mentioned it after my comment, because this is the first I have heard about it. I certainly had no such trouble, but I can see how others could run into it.

[boblothrope.livejournal.com]

I once saw a car I'd describe as, well, somewhat unusual in Harvard Square. Among the various things painted on it and piled inside, there was a sign that said "This car is NOT abandoned."