Towing Issues: Towing after an accident, state tax returns, tow company

Question
My daughter was in a car accident 2 weeks ago. There has yet to be a police report or anything. She was injured badly enough that they took her and her passenger by ambulance immediately. We had to find out from the police where her car was towed to and we went there the next morning. There is no definite determination on who's fault it is as my daughter was taking a left turn after yeilding and the truck that hit her was speeding excessively. We went to the tow company the next morning for her belongings but he would only let her have her paycheck and explained that he needed assurance of payment. We were not made aware that there was a $40 a day fee on top of the towing charge. It took a little while but we finally got our hands on a claim #. I called it into the towing company and they called me back saying that the insurance company "determined" it was not their insured's fault (w/o police report). The car is still at the towing place accumulating fees. What are my daughter's rights and/or what should we do? At this point, we cannot affort the almost $1,000 bill to collect her belongings and license plate. The car is totaled. Thank you.

Answer
If I understand correctly, the insurance company is stating it was your daughter's fault. If that is the case does she have full coverage or liability insurance? Since the vehicle is still at the tow lot I'll assume just liability. If that is the case your daughter or whoever is the registered owner of that vehicle is responsible for all the towing and storage cost.

If payment is not received the vehicle will be sold at auction and any unpaid debt will be sent to collections. In most states it's illeagal to dispose or abandon a vehicle with a tow company. Some states allow a tow company to suspend the register owners driver's license or withhold state tax returns until payment is recieved. Also, it's proper procedure for the towing company not releasing any contents to non-registered vehicle owners. You may be surprised by how some family members and friends try to retrieve personal contents without the registered owner's permission.

My suggestion is paying the charges and removing the vehicle or make arrangements with the towing company for disposal and settle the debt. Offer the title for vehicle disposal, it may reduce some of the fees. Whatever the arrangements make sure everything is in writting and get receipts.