Neighbors House Caught on Fire and Mine Received Damage Due to the Fire...

[Colombianking49]

The neighbor's house was the origin of a fire but because my house was to close the fire came on to my roof and the back wall. There is no insurance on my house. The structure is fine but the water damage is a lot! The insurance company for the neighbor is saying they are not at fault because there was no malice on the part of the neighbor. The fire report states that they are unable to determine the cause of the fire because the house is not safe for them to conclude their investigation.

I'm looking into a lawyer to handle the case... Is it true if the fire was not done in malice that the insurance will not have to pay?

 

[STIBROKER]

There is no insurance on my house.

why...........................................

 

[Accelerated]

Let me start by extending my condolences. Having your home damaged in the way you describe has to be a very trying experience, and you have my sympathy.

That said:
Just because your home is constructed next to the neighbors, your home does not become a risk covered by the neighbors policy. Absent malicious intent or someone being convicted of arson, you will likely have no chance of recovering damages from anyone.

Why you would not have, at the very minimum, a DP-1 policy on your home is beyond me, especially if you are an insurance producer.

Maybe you can get your local church or Habitat for Humanity to assist with the repair process.

Good luck.

 

[BIG RED IS BACK]

why...........................................

He didnt want want pay $1,000 to insure a $200,000 structure....

 

[LGilmore]

"He didnt want want pay $1,000 to insure a $200,000 structure.... "


The absolute stupidest financial move a person can make. They think the insurance is on the loan, when the house gets paid off, they don't need insurance anymore.

To the poster, sorry for your loss, Good luck with the upcoming legal battle. I hope this educates you enough to reconsider buying homeowners coverage again.

 

[Soaringagent]

Did you verify if the neighbor's liability coverage might cover your damage?

 

[Josh]

A competent attorney is going to agree with the assessments above. If an accidental fire started at your neighbor's house and it spread to yours, they're not liable. If they poured gasoline all over their front lawn, lit it on fire, and it ended up catching yours on fire then that's a different thing.

It stinks, it really stinks, but if you don't have a policy then getting an attorney won't change that fact.

My curiosity is getting the better of me though; what prompted the decision to not carry property insurance?

 

[BigIVU]

If there was malice on the part of the neighbor, there WOULDN'T be coverage. If you're talking about homeowners liability insurance, losses that are expected or intended would be excluded.

Absent that, the other party would have to be legally liable for the damage. The most common source of liability is negligence. The issue is what caused the fire and whether the insured is legally liable for it.

If you had homeowners insurance, your insurer would pay you then subrogate against the neighbor. Since you have no insurance, your only recourse is probably to seek legal assistance.

 

[winnersgetdinners]

if you had zero coverage A, you would at least benefit from having the attorneys able to fight for you. you are in a tough spot.

 

[joebob]

something very similar happened to me and i thought i'd share. a fire on the neighboring property damaged my unit and the common area fence from the heat. the neighbors insurance company decided they were not negligible and so wont cover my damage.

i have a condo, so normal condo insurance is what i have and that only covers the interior of my condo (and stuff like windows). my HOA insurance, for which i pay as part of my HOA fee, is supposed to cover the outside of my unit and common areas of the complex (i.e, everything not covered by my insurance). however, it turns out there is a small clause in the HOA agreement stating that if their insurance amount is not enough to pay all damages the owner is liable for the difference. and since their deductible is $5k and the damage was only $3k, they decided not to file. so the HOA people say i'm stuck with all of it. o joy.

personally i don't think it's legal for the HOA to claim this. since they did not even file a claim with their insurance company they cannot say their insurance coverage amount was "not enough" - it was not any at all! i am going to the HOA meeting wednesday to try and argue for them to pay for everything out of pocket, which is what anyone has to do if it doesn't meet their insurance deductible.

i'd appreciate if anyone has any advice or resources or anything. thanks!
-jb