Storage Fees under Garage Coverage

July 2, 2012

Our insured was doing mechanical work on a customer's car and the employee took the vehicle out for a test drive. While driving the car, the employee accidentally ran into a bridge and the customer's car was deemed a total loss. The vehicle was brought back to the insured's lot and stored there. Our insured wants his garage policy to pay him the storage charges.

Apparently, garages typically charge storage fees when they tow a vehicle from an accident scene and keep the vehicle at their lots. We know that some insurers pay these fees as part of a total loss settlement. Payments are made under the collision coverage and symbol 30.

It would appear that there are no policy exclusions that are applicable in this situation. What is your opinion on coverage for storage fees?

Georgia Subscriber

If an insurer wants to pay the fee, that is a decision for the company to make based on its own practices and procedures. However, there is nothing in the policy language that would require the payment. The lack of exclusions is not the point. The insuring agreements in the garage policy apply to BI, PD or loss and unless those terms are defined to include storage fees, such fees are not included in what is covered.

Obviously, there is no bodily injury in this incident. Property damage is defined as damage to or loss of use of tangible property. Loss, under the garagekeepers and physical damage coverages, is defined as direct and accidental loss or damage. These definitions speak to direct physical damage and loss of use, not to an indirect or consequential loss such as a storage fee.

It may be that some insurers look to the loss payment condition of the garage policy to justify paying the storage fees in order to retrieve the damaged vehicle for possible repair or salvage, but the policy language does not require such a payment.

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