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Is ths legal?

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scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Is ths legal?

Please don't quote... Chat Icon

The auto body place where my car is is charging my insurance company $2100 for a "storage fee". The insurance company told us that they will not pay this fee.

The car is ON THE STREET!!!!! It's not in a garage, not up on lifters, it's on a public street with my rear plate still on it.

They have been shady from day 1 - not letting the adjuster come to see the car, not setting up a date to tow the car away from the facility - they are even charging us for a repair estimate!! Chat Icon What is there to do an estimate on??? The car is obviously totaled and had they let the adjuster come see it earlier, it would have been settled earlier.

As of right now, the car is sitting on the street in front of the place. We might as well just have it towed to the street in front of our house.

Also - when it does get towed, if the auto body place does not take the plate off our car, we have to file a police report for a stolen plate. We can't take the damn plate off the car because it's on the street and god forbid someone spin out and slam into the car, we'd be screwed.

Oh what a nightmare. Chat Icon Chat Icon Chat Icon Chat Icon Chat Icon Chat Icon

I don't know exactly what I am looking for with this post, to be honest. Venting? Hugs? Opinions? Offers to bring me a drink at work? Chat Icon

Just when we thought we had everythig settled..... Chat Icon Chat Icon Chat Icon

Posted 12/11/08 12:55 PM
 
Long Island Weddings
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Mommy2Boys
My Boys!!!!

Member since 6/06

14437 total posts

Name:
C

Re: Is ths legal?

Can you take it to another place?

They shouldnt have charged you for an estimate...never heard of that and they should NOT be charging you for a storage fee. Looks like they are just trying to rip either you or the insurance company off.

Posted 12/11/08 12:56 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by jellybean1420

Can you take it to another place?

They shouldnt have charged you for an estimate...never heard of that and they should NOT be charging you for a storage fee. Looks like they are just trying to rip either you or the insurance company off.



Where would we take it to? (I'm not being snarky - I jut have no idea)

The last we had heard from them last Monday, they were waiting for a date that it would be towed from their facility.

Shady, shady dealings. Chat Icon

eta - it's already been deemed as a total and we have a letter in our possession that the check for the payoff is being sent to VW to payoff the balance on the car.

Message edited 12/11/2008 12:59:04 PM.

Posted 12/11/08 12:58 PM
 

Linda1003
love my 2 boys

Member since 8/08

10923 total posts

Name:
Linda

Re: Is ths legal?

Ok I am the claims manager at an auto insurance company. Once a car is deemed a total loss. the shop is entitled to storage from the date it arrived to the day or two after it's deemed total by your insurance company. Your insurance company is obligated to pay that storage. Once it's a total your insurance company MUST call their salvage yard to PICK THE CAR UP and you must remove your plates before they pick it up. (if it's on the street your insurance comany and or the salvage yard can mail you the plates). Why isn't your insurance company picking the car up yet.. That's what doesn't seem right to me? Chat Icon

Charging for an estimate...that's ridiculous.

Bring your car to your house where it's not collecting storage charges. Still not sure why your insurance company has 't picked up the car!!!

Message edited 12/11/2008 1:05:41 PM.

Posted 12/11/08 1:01 PM
 

Beth
The Key to your new home....

Member since 2/06

24849 total posts

Name:
Beth

Re: Is ths legal?

when our mustang was totaled we had to pay a fee for the tow and storage

it was $200

that is the only thing I paid out of pocket

I am not sure what the insurace company was billed but I never heard anything about an issue

Posted 12/11/08 1:03 PM
 

CkGm
They get so big, so fast :(

Member since 5/05

13848 total posts

Name:
Christine

Re: Is ths legal?

I can't believe your insurance company would put up with this! Chat Icon Can't you report them? That is just crap!

Posted 12/11/08 1:03 PM
 

Linda1003
love my 2 boys

Member since 8/08

10923 total posts

Name:
Linda

Re: Is ths legal?

Posted by CkGm

I can't believe your insurance company would put up with this! Chat Icon Can't you report them? That is just crap!



Unfortunately shops can get away with just about anything since they are not regulated by anyone!!Chat Icon
this makes my job very difficult!!!Chat Icon

Posted 12/11/08 1:04 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by Linda1003

Why isn't your insurance company picking the car up yet.. That's what doesn't seem right to me? Chat Icon




I know - you would think they would want to move on this and get it done asap, right?

I am so frustrated with this whole thing. I feel defeated.

For our insurance company to call US and tell US that they are not paying it is crazy. It's not OUR fault that the pickup wasn't scheduled.

Here's the timeline:
11/22 - accident and car was towed to the place

12/2 or 12/3 - adjuster went to look at it. The auto body place said they couldn't come any earlier.

12/11 - sh!t hit the fan with the original post.

Chat Icon Chat Icon Chat Icon Chat Icon

Posted 12/11/08 1:08 PM
 

Linda1003
love my 2 boys

Member since 8/08

10923 total posts

Name:
Linda

Re: Is ths legal?

Posted by scarletbegonia

Posted by Linda1003

Why isn't your insurance company picking the car up yet.. That's what doesn't seem right to me? Chat Icon




I know - you would think they would want to move on this and get it done asap, right?

I am so frustrated with this whole thing. I feel defeated.

For our insurance company to call US and tell US that they are not paying it is crazy. It's not OUR fault that the pickup wasn't scheduled.

Here's the timeline:
11/22 - accident and car was towed to the place

12/2 or 12/3 - adjuster went to look at it. The auto body place said they couldn't come any earlier.

12/11 - sh!t hit the fan with the original post.

Chat Icon Chat Icon Chat Icon Chat Icon



what is their reasoning for not paying the storage from the date of arrival to the date they deemed it total? And what is the reason they are giving you about not picking it up..

BTW are you in NY?

ETA: once it's a total loss pick up happens 24 hours after that..maybe two days at the most.. b/c of the storage charges that accrue!!!

Message edited 12/11/2008 1:11:32 PM.

Posted 12/11/08 1:10 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by Linda1003

what is their reasoning for not paying the storage from the date of arrival to the date they deemed it total? And what is the reason they are giving you about not picking it up..

BTW are you in NY?

ETA: once it's a total loss pick up happens 24 hours after that..maybe two days at the most.. b/c of the storage charges that accrue!!!



Yes - we are in NY. I have no clue as to their reasoning for anything. I thnk that the shop is giving them (the insurance comapny) the runaround about picking up the car, which should have been done over a week ago.

Can they really charge for "storage" though if it's parked on a public street???

Posted 12/11/08 1:15 PM
 

Diana712
RIP my beloved Brother Richard

Member since 5/07

6710 total posts

Name:
Diana

Re: Is ths legal?

Posted by scarletbegonia
.

Can they really charge for "storage" though if it's parked on a public street???




I cant imagine this being legal.. i would take pictures of the car on the street.. make sure its being kept out over night... They just might be moving it out in the morning and them when they close putting it back in there garage/lot.. Then i would say they are legitimately storing it.. but over night on the street.. i would flip.. also dont tell them yet until you have proof of what they are doing..

Posted 12/11/08 1:22 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by dilb712

Posted by scarletbegonia
.

Can they really charge for "storage" though if it's parked on a public street???




I cant imagine this being legal.. i would take pictures of the car on the street.. make sure its being kept out over night... They just might be moving it out in the morning and them when they close putting it back in there garage/lot.. Then i would say they are legitimately storing it.. but over night on the street.. i would flip.. also dont tell them yet until you have proof of what they are doing..



How do we prove this? Go there after he shop has closed for the night and take pictures?

I'm so done. Chat Icon Chat Icon

Posted 12/11/08 1:54 PM
 

Linda1003
love my 2 boys

Member since 8/08

10923 total posts

Name:
Linda

Re: Is ths legal?

Posted by scarletbegonia

Posted by dilb712

Posted by scarletbegonia
.

Can they really charge for "storage" though if it's parked on a public street???




I cant imagine this being legal.. i would take pictures of the car on the street.. make sure its being kept out over night... They just might be moving it out in the morning and them when they close putting it back in there garage/lot.. Then i would say they are legitimately storing it.. but over night on the street.. i would flip.. also dont tell them yet until you have proof of what they are doing..



How do we prove this? Go there after he shop has closed for the night and take pictures?

I'm so done. Chat Icon Chat Icon



Diana is right.
Exactly!!! Usualy if they have alot of cars during the day that they are working on they move the car outside then back in over night.. go after the shop closes and then take pics if it's outside at night.

Message edited 12/11/2008 2:22:22 PM.

Posted 12/11/08 2:21 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by Linda1003

Posted by scarletbegonia

Posted by dilb712

Posted by scarletbegonia
.

Can they really charge for "storage" though if it's parked on a public street???




I cant imagine this being legal.. i would take pictures of the car on the street.. make sure its being kept out over night... They just might be moving it out in the morning and them when they close putting it back in there garage/lot.. Then i would say they are legitimately storing it.. but over night on the street.. i would flip.. also dont tell them yet until you have proof of what they are doing..



How do we prove this? Go there after he shop has closed for the night and take pictures?

I'm so done. Chat Icon Chat Icon



Diana is right.
Exactly!!! Usualy if they have alot of cars during the day that they are working on they move the car outside then back in over night.. go after the shop closes and then take pics if it's outside at night.



I know for a fact that it's been in the exact same spot that it has been in since it was towed there and not even moved. The guy made a big production of even moving it up 12 inches when we went to get our personal belongings out of it. It won't even turn on - he had to physically push it away from the car that was in back of it.

Right now though, we have no proof that it's been in that spot as long as it has (3 weeks on Saturday)

Message edited 12/11/2008 2:50:40 PM.

Posted 12/11/08 2:25 PM
 

littlejoy06
Love

Member since 3/07

6944 total posts

Name:

Re: Is ths legal?

Not surprised at all. My DH works for an insurance company and I hear about these stories all the time. I'm so sorry you have to deal with this azz's.

Chat Icon

Posted 12/11/08 2:45 PM
 

dottiemchugh
<3

Member since 5/05

8261 total posts

Name:

Re: Is ths legal?

I would love to know what shop that is. I work for an insurance company too, and that fee is outrageous. There is no way they will pay that. I have had a few claims over the years where this has come up, and we refused to pay the $200 per day fee. Most shops charge $30-$40 per day, which is the standard rate, BUT the vehicle is being kept on their property.

Posted 12/11/08 4:45 PM
 

Diana712
RIP my beloved Brother Richard

Member since 5/07

6710 total posts

Name:
Diana

Re: Is ths legal?

did they try to bill the insurance company for this? If they did and they are actually leaving the car on the street over night.. That sounds like insurance fraud to me.. I would speak to someone again at the insurance company and request an investigation.. I think we live around the same neighborhood. i would love to know where this shop is also.. it sounds like they are not getting paid because the car is totaled and this is how they make there money.. they are scum bags..

Posted 12/11/08 6:10 PM
 

scarletbegonia
Mr. Handsome

Member since 5/06

13481 total posts

Name:
V

Re: Is ths legal?

Posted by dilb712

did they try to bill the insurance company for this? If they did and they are actually leaving the car on the street over night.. That sounds like insurance fraud to me.. I would speak to someone again at the insurance company and request an investigation.. I think we live around the same neighborhood. i would love to know where this shop is also.. it sounds like they are not getting paid because the car is totaled and this is how they make there money.. they are scum bags..



Yes - they are trying to get payment from our insurance company for the "storage fee". I *just* got back from doing a drive-by (had to go for an MRI on my back in the area) and it's still on the street, in the same spot as always. The car that hit us is there as well, in the same spot as well.

I have NO doubt that they are scamming the insurance company. NO doubt.

When this is all settled - I will shout the name and address of this place from the rooftops and do my best to make sure that they NEVER do this to anyone again.

Until then, though, I will enjoy my vodka & soda and try to stay calm. Chat Icon

Posted 12/11/08 6:16 PM
 

Blu-ize
Plan B is Now Plan A

Member since 7/05

32475 total posts

Name:
Susan

Re: Is ths legal?

Posted by scarletbegonia

Posted by dilb712

did they try to bill the insurance company for this? If they did and they are actually leaving the car on the street over night.. That sounds like insurance fraud to me.. I would speak to someone again at the insurance company and request an investigation.. I think we live around the same neighborhood. i would love to know where this shop is also.. it sounds like they are not getting paid because the car is totaled and this is how they make there money.. they are scum bags..



Yes - they are trying to get payment from our insurance company for the "storage fee". I *just* got back from doing a drive-by (had to go for an MRI on my back in the area) and it's still on the street, in the same spot as always. The car that hit us is there as well, in the same spot as well.

I have NO doubt that they are scamming the insurance company. NO doubt.

When this is all settled - I will shout the name and address of this place from the rooftops and do my best to make sure that they NEVER do this to anyone again.

Until then, though, I will enjoy my vodka & soda and try to stay calm. Chat Icon



The insurance company will do a dirve by if you tell them this. I had a problem with someone who hit me and the guy wasn't responsive to their calls and emails. He wouldn't call me back either. They went to his house and waited for him to come home. Insurance fraud is no joke. I would tell your insurance company.

Posted 12/11/08 6:19 PM
 

munchkinfacemama
LOVE

Member since 11/07

15800 total posts

Name:
Michelle

Re: Is ths legal?

Chat Icon Chat Icon Chat Icon Chat Icon Chat Icon Chat Icon

Ask to speak to a supervisor. Something sounds very wrong here. Tell the place you will call the better business bureau.

Posted 12/12/08 1:07 PM
 
 

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