Q: Can you be forced to keep your totaled car for evidence?
It has been over a month, we are at fault and it was a straight forward right of way accident. Our insurance company told us over the phone but we never received anything in writing, she said it is the law firm that was hired by the other driver that requested it. The car sits in our driveway and we want to get rid of it.
A: Contact your liability insurance carrier and advise them of the situation. They probably have the obligation to retain an attorney to defend you, so when they do so your attorney should address the issue.
A: Ask your carrier to move things along in their discussions with the other side's attorney in enabling you to have the car removed. A month is more than enough time for the other side to examine the car for evidence in a straightforward BI case. The other side should have arranged for a photographer or property damage technician by now - especially if liability has been conceded, which seems to be the case from your post. Find out if you are entitled to salvage value (depending on your insurance coverage, and how removal of the car is being handled). Good luck
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