"So, the at-fault driver's insurance adjuster tells me that they are not going to pay any storage or towing fees until the at-fault insurance gets a statement from their insured. Do I have to pay my towing fees or storage fees because the insurance adjuster tells me I have a duty to mitigate? What does this mean, and what are my rights?"
Well, first of all, yes you do have a duty to mitigate your damages. That is, that you cannot allow for storage fees and wrecker fees to accumulate without at least attempting to get the car out of storage or paying for the storage fees. While the insurance company does have to obtain a statement from their insured, it is not always the case that you have to immediately go pay storage fees and towing fees.
There are some rights and there are some court cases that allow for a person that's been involved in a wreck to prove that they didn't have the means to mitigate their damages. If this is the case, and you have a situation such as one of these where you're having trouble with the adverse party's insurance company, give us a call here at Roberts & Roberts. We can help.