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Can You Be Charged Storage Fees After Towing if Told Storage Would be Free

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  • 11-17-2016, 11:15 AM
    lawfacts
    Can You Be Charged Storage Fees After Towing if Told Storage Would be Free
    A person was driving through Colorado when their car broke down. They called for a tow, and paid for the towing service. They asked the tow truck operator about storage fees and, after the tow truck driver checked with the lot, the tow truck driver said that the lot was willing to waive storage fees.

    The owner lived in another state, so between distance and the need for money it was five weeks before they got in touch with the storage lot. The lot owner was very angry and said that he was in the process of preparing to sell the truck to satisfy a storage lien. He won't release the truck without the payment of significant storage fees.

    How can the owner get the truck back?
  • 11-17-2016, 12:49 PM
    Mr. Knowitall
    Re: Can You Be Charged Storage Fees After Towing if Told Storage Would be Free
    First, it's important to note that the promise of free storage was relayed by a tow truck driver, but was made by the owner or manager of the storage lot. Unless the tow truck driver is an employee of the storage lot, the tow truck driver's statements should have been verified with the lot -- if he relayed partial information, or was mistaken in what he said, that is only attributable to the lot if he's their agent or employee. Second, even if the lot owner agrees that there was an agreement to waive storage fees, the tow truck driver and lot owner may recall the conversation differently, with your expressing that the vehicle would be gone within a day or two. Third, the owner should have followed up with the storage lot to keep its owner appraised of his plans, and to confirm that storage would be free -- particularly given that he seemed to believe he could leave the truck there, indefinitely, at no cost.

    I suggest paying to recover the vehicle so as to cut off any additional fees, and then (if you think you can prevail under the facts and if it's worth the time of trying to litigate a case in a jurisdiction far away from home) consider a small claims case to recover the fees based upon the alleged promise.
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