Who Pays to Tow My Vehicle After an Accident?

In Virginia, the at-fault party’s insurance company will pay to tow your vehicle after an accident. This means that if the accident occurred due to the actions of another driver, they are fully responsible for the cost of towing your car as well as other damages.

Virginia is an at-fault insurance state, unlike some other states where your insurance would handle the costs after a crash. However, Virginia also follows the doctrine of pure contributory negligence, which can lead to disputes over who is at fault for an accident and who pays.

It is understandable if you find this confusing. A Richmond car accident lawyer can help you understand Virginia law and recover damages after a crash. Contact us today for a free consultation.

Virginia Insurance Laws Explained

Some states have no-fault insurance, in which each driver’s insurance company handles their claim and expenses after an accident, regardless of who was at fault. Virginia is an at-fault state, which means the at-fault driver’s insurance pays for both drivers’ expenses.

Virginia also uses a pure contributory negligence system. That means if you are partially responsible for the accident, you can’t recover damages. Virginia is one of only four states that follows pure contributory negligence.

Both the at-fault system and pure contributory negligence combine to create a simple way to assign fault after an accident. However, in cases where both drivers made mistakes, these systems lead to delays and disputes over whose insurance must pay.

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Should I Pay to Tow My Vehicle After a Car Accident?

If you are at fault for the accident, your insurance will need to cover the costs of towing. But what if you weren’t? While the other driver’s insurance should be the one that pays to tow your car after an accident, it might not be so easy.

Insurance companies may be slow to respond, or they may dispute who was at fault for the crash. The longer your car is in storage, the more fees add up, and the more likely the other driver’s insurance company will have issues paying up.

You may need your car back, and you may be eager to get repairs underway. It makes sense that you might pay the costs of towing and storage yourself. If you choose to do so, make sure you have the at-fault driver’s insurance information because they aren’t off the hook just yet.

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Can I Recover the Costs of Towing and Storage After an Accident?

While it is ideal to wait for the other driver’s insurance to pay the costs related to your car, it might not always be possible or reasonable. That doesn’t necessarily mean you are left paying the expenses for an accident that wasn’t your fault.

Any costs associated with towing, storage, and repairs of your vehicle after a car accident fall under property damage, and they may be recoverable in the form of compensation. Factors such as the role your insurance played could make a difference as well.

It is always smart to speak with a skilled attorney before making any decisions after a car accident. They can advise you on the best course of action and help you avoid common mistakes.

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What Should You Do After a Car Accident?

The minutes and hours after a car accident can be frustrating and confusing. Taking the right steps here will help preserve any compensation claims you may have. Some of the things you should do when involved in a car accident include:

Get Medical Attention

Your car is important, but not as important as you are. Get checked out by a doctor as soon as possible after your crash. Cooperate with paramedics and go to the hospital if they advise it. This will ensure you are on the road to recovery and create a snapshot of your medical condition.

Collect Information

Speak with the other driver and exchange insurance information. Take pictures of the accident scene and your car so you have a record of the damage. If possible, talk to witnesses and get their names. Write a narrative of the events from your perspective while they are still fresh in your mind.

Keep Records

Keep track of everything related to the accident. For your vehicle, this would mean the estimated costs of repairs, towing, and storage. Also, record other expenses, such as medical bills and lost wages.

Contact a Personal Injury Lawyer

Reach out to a personal injury attorney as soon as possible after a car accident, especially if you are hurt. A skilled lawyer can help you understand your rights and the steps you need to take. If an insurance company refuses to pay what you deserve, an attorney can represent you in negotiations or civil court.

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How Much Does it Cost to Tow a Car in Virginia?

Virginia Law sets limits on the cost of towing and storage for certain vehicles. As per the Virginia Code § 46.2-1233.1:

No hookup and initial towing fee of any passenger car shall exceed $150
For towing a vehicle between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or holiday, an additional fee of no more than $30 per instance may be charged.
No charge shall be made for storage and safekeeping for a period of 24 hours or less.

In some cases, there could be additional fees, such as drop fees and fuel surcharges.

Get Advice on Towing and Storage for Your Vehicle After an Accident

In Virginia, the at-fault driver’s insurance should pay for towing costs after an accident, as well as for any other expenses resulting from the crash. If you choose to pay for this yourself, it is important to keep track of expenses for your claim.

However, because of pure contributory negligence, you may not be eligible for compensation if you bear some responsibility for the accident. If there is a dispute about who was at fault and to what degree, it can slow or derail your claim.

If you’ve been in a car accident, contact the Heavey Hitters® at the Pendleton Law Team for a free consultation. Our lawyers can help you understand your rights.

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