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Storage-Avoid the Lien Sale

Motorcycle Accident Claim in California

California Motorcycle Law

Once your motorcycle has been towed to a storage facility, the charges begin to add up. Generally, the driver at fault is responsible for reimbursing you for storage of your motorcycle from the time of the accident up until the insurance company releases your vehicle from repairs.

Please note that if you postpone repairs of your motorcycle because of a dispute with the insurance company, you may be held personally responsible for any storage or towing expenses incurred. The California law requires you to "mitigate" or reduce your own damages. Therefore, you cannot abandon your motorcycle for one, two, or three months in storage expecting the insurance company to compensate or reimburse you for those charges. A motorcyclist must be active and knowledgeable about where his bike is and where it should be.

A competent attorney can assist you in your property damage claim. As California motorcycle attorneys, we will locate, photograph, inspect, and evaluate your property damage claim and assist you in expediting the repair or replacement of your motorcycle.

When you are granted access to your motorcycle by the storage facility or tow yard, it is important that you obtain accurate, detailed receipts for every item that you remove or have on your motorcycle.

Sometimes, clients will be refused access to their motorcycle because the facility does not want to assume responsibility for what might happen to your motorcycle and items and equipment. It can be frustrating facing off with a wrecking or tow yard.

At The Reinecke Law Firm, as aggressive motorcycle attorneys, we send our "evidence preservation" letter to the tow yard. We advise them that it is an actionable tort to destroy or remove property from the vehicle and we request immediate access to inspect, photograph, and itemize our client?s motorcycle to again preserve and protect the bike during the property damage claim process.

The important thing to remember is that while your motorcycle is in a storage yard or tow yard, daily charges are accumulating. It is very important that your legal representative contact the driver at fault?s insurance company immediately to make arrangements for the repair of your motorcycle. If you have insurance coverage, you must make a prompt claim and work in good faith to expeditiously have the motorcycle repaired or replaced. It is to your advantage to actively negotiate with the insurance companies and therefore reduce those added storage charges and towing charges that you were obligated and responsible to pay for.

Next, when your motorcycle is at the storage yard, you have an absolute right to remove personal belongings from your motorcycle upon showing proof that you own the motorcycle (registration) and a valid California driver?s license for identification. Sometimes, shady tow yards will rummage through vehicles or motorcycles to remove valuable items or parts from stored vehicles. We had one client with a Harley Davidson that had over $6,000.00 in chrome that mysteriously was removed within one week of the accident. You must contact an aggressive motorcycle attorney to ensure that your bike is preserved, protected, and that you are not taken advantage of.


Tom Reinecke

California Motorcycle Lawyer