by Lyn » Fri Mar 27, 2009 02:09 pm
Someone parked their car in front of my property (part town land/part my property). They did not have permission to do so. Their car was set on fire (investigation ongoing by police). Fire caused me property damage (pine tree & rhododendron severely burned). Filed claim with car owner's insurance company. Now, two months later, insurance company tells me their insured is not responsible at all because fire was due to arson. I believe insured is liable because she chose to park on someone else's property. Is car owner liable?
Posted: Fri Mar 27, 2009 11:52 pm Post Subject:
Nope. If they parked on your property you have a right to have the car removed. They were responsible for parking illegally on your property... not causing a fire.
If I lit your car on fire and it burned down a house would you pay for the person's house out of your pocket or would you blame me for starting the fire. In that this person's car was parked illegally had nothing to do with the fire.
Posted: Sat Mar 28, 2009 09:16 am Post Subject:
I believe insured is liable because she chose to park on someone else's property. Is car owner liable?
I tend to disagree with you, Lyn. Yeah, they indeed have parked illegally but the damages weren't the car owner's fault. I'd rather suggest that you file the claim with your homeowners insurance and see if you can receive coverage under it.
The owner would have been liable if the fire was caused by his negligence, but arson is a different story altogether.
Thanks,
Rupert
Posted: Sat Mar 28, 2009 11:32 am Post Subject:
Dear tcope,
In that this person's car was parked illegally had nothing to do with the fire.
It's pretty clear to me that the illegal parking could not have been the cause of the fire. But could the property owner demand any kinda compensation for it?
Purpleheaded08
Posted: Sat Mar 28, 2009 01:47 pm Post Subject:
Sorry Lyn, the auto owner is just flat not liable or responsible for the damage to your property from the fire...(i'm sure you've got that by now.. :wink: ) If the damage eclipses your homeowners deductible though, you would have coverage there..I'm not sure how much a pine tree & rhododendron would cost, but it's worth checking. Also check your homeowners policy for limits on landscaping..I think mine has a 1-2k limit.
Purple,
But could the property owner demand any kinda compensation for it?
NOPEPosted: Sun Mar 29, 2009 10:47 am Post Subject:
Here's a fresh thought......
Maybe the Illegal parking didn't cause the Fire, and the Insurer has Arson excluded from coverage, but what about the owner of the car.... what about the personal responsibility of the car owner? Forget insurance.... What about Tort Law?
The car being parked where it should not have been _DID_ cause Lyn's property to be damaged. If it had been parked somewhere else Lyn's property would not have been damaged.
The owner of the car had the option of parking the car there or NOT parking the car there, and willfully decided to park Illegally which resulted in damage to Lyn's property.
Rest assured that most every insurer will fight such an allegation with all their might. Why... because they don't like paying _period_. It tends to reduce their profits. Errr I mean increase their premiums, which makes them less competitive, which reduces their profits.
That's my 2¢ worth for now. ( maybe ± a couple ¢ ) :)
Fred,
Posted: Sun Mar 29, 2009 05:22 pm Post Subject:
naaaa never happen fred....then they'd just pull out the old ''intentional act'' exclusion...he did intentionally park there right?
However the OP has not stated nor proved the vehicle was even parked illegally at all..just in front of her house and she didn't like that...oh well...i've been ticked by this before, but public road..first come first serve...just because they didn't knock on the OP's door to see if they could park there (there is no requirement) doesn' mean they did anything illegal...
Someone parked their car in front of my property (part town land/part my property). They did not have permission to do so.
Posted: Sun Mar 29, 2009 07:13 pm Post Subject:
Maybe the Illegal parking didn't cause the Fire, and the Insurer has Arson excluded from coverage, but what about the owner of the car.... what about the personal responsibility of the car owner? Forget insurance.... What about Tort Law?
Did you miss the above part?? A simple Civil action. Small Claims Court. No insurer involved since they have already declared it as excluded. One citizen against another.
Maybe not, I really don't know, because I'm not in any way shape or form an attorney.
That's my 2¢ worth for now. ( maybe ± a couple ¢ ) :)
FK,
Posted: Mon Mar 30, 2009 10:07 am Post Subject:
No I read it I still think it'd never happen...first of all its' very ''iffy'' if the vehicle was illegally parked..and again even it wasn't there no one has accused the insured of setting the fire...if the vehicle ower did, well that's possible then.
Posted: Wed Apr 01, 2009 01:32 am Post Subject:
Maybe the Illegal parking didn't cause the Fire, and the Insurer has Arson excluded from coverage, but what about the owner of the car.... what about the personal responsibility of the car owner? Forget insurance.... What about Tort Law?
That is what we are talking about. Legally liable is the trigger in both cases.The car being parked where it should not have been _DID_ cause Lyn's property to be damaged. If it had been parked somewhere else Lyn's property would not have been damaged.
It did nto cause the fire simply be the fact that it was there. Let me give you another example... Your vehicle is parked next to another. I run into your car and push it into the other car. Are you liable for the damage to the other vehicle? If your car was not there, no damage would have occured to the other vehicle. Perhaps a better example is someone driving without a valid license. They get hit. The driver without the licenses should have never been driving... does not excuse the person that hit them? No... not driving without a licenses is a separate matter.Posted: Wed Apr 01, 2009 10:34 am Post Subject: insurance
LORI.....in a case like this, doesn't the home/property owner have to PROOVE the auto was illegally parked on the property? If the car wasn't there in the first place, fire damage would have never happened to the property (thinking outloud). Example: 'If THIS din't happen, THAT would never have happened' kind of thing.
Add your comment