Towing Issues: motorcycle towing after accident, small claims court, motorcycle insurance

Question
QUESTION: My son (17 years old) had his motorcycle towed after a serious accident.  He spent the next seven and a half weeks in the trauma center (the majority in ICU).  When my son returned home 3 weeks later he received a call from the towing company on his cell phone during school hours from the towing company stating that if he did not immediately pay the $3600 towing charge they were placing a lien against him.  I went to the towing company and explained that he is a full time student with no job and currently unable to work due to him medical condition and suggested that they dispose or sell the motorcycle, there response was to take my son to small claims court.  Is there any thing we can do in this situation?  He does not have an income and I am now struggling with medical cost and can not afford $3600 for a  motorcycle that is missing the front half.

ANSWER: What state are you in? Did your son have insurance?

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QUESTION: We live in New York.  My son had basic motorcycle insurance which only included liability.  They did not cover any of his medical bills or any towing or repairs to the bike.  They did however pay for the guardrail he wrapped his body around.

Answer
Most insurance companies will not tell you this and some agents don't even know that the insured is also covered under the liability. It's not as complete as the coverage for the other parties or property but you are still covered. In most states towing companies have to fill paperwork for "abandoned vehicles" if they are not picked up by the owner and auction them off. They get whatever it is sold for at auction and nothing more. I will check and get back to you.