Towing Issues: What documents are needed for a towing company to salvage a vehicle, metal money, honest mistake


Question
QUESTION: My 18 year old sons car was towed from a accident scene. He was killed in the accident. Within 5 days of the accident the towing company took his car and had it demolished. We did not get a bill and were not allowed to get things from the car. The car was titled in my sons name only but I ( mother) is exec. of his estate.
I need to know what guidelines the towing company is to follow. We think the towing co. stole stuff and kept the crap metal money..Car was paid off and liability only through insurance. Why would the towing company think the vehicle is theirs ?? Please help answer this !!  Thanks

ANSWER: This does not seem right at all, even to me.

I hate to say it but its time to "LAWYER UP" on this...

Sorry I can not give you more information as I do not know what state you are in, and that would affect the way that vehicles can be disposed of.  



---------- FOLLOW-UP ----------

QUESTION: Thanks- Tried to get a lawyer but since it was such a small amount to them it wasn't worth their time ( less then $5000).. I'm going to try and file a theft charge-then small claims. I may try and get the book value of the car $5000- since they didn't wait for the insurance to take pics !!

Answer
I would still investigate the laws of your state regarding disposing of the vehicle legally. I doubt the vehicle had a signed title where they could do the disposal of it since your son was killed in the accident.

And if it was only 5 days as you say, then there is no way they could of done a lien process on it...

Only thing that I might think of is if they are one of the states which allows for vehicles to be disposed of under a "value of vehicle" process (California has such a law but think it takes 15 days to do it) but not sure how it would go though that fast...

Now it could of been an honest mistake and the disposed of the wrong vehicle as that happens from time to time with tow companies. But not sure what else to suggest.