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  #1  
Old 09-17-2009, 08:46 PM
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Renters Insurance Fire Claim


I live in Nebraska. In August there was an eletrical fire caused by my boyfriend's motorcyle in a garage which we rent. The claim was filed by the property manager and denied by the insurance company because the fire was not caused by negligance on my part. Now, the property manager is threatening to charge us for the damages. The insurance company says that we are not responsible and that the property manager should have insurance to cover this. Anyone know actual law or statues that would say this? I am afraid he is going to try and evict us for not paying. Can he do this?
  #2  
Old 09-17-2009, 09:01 PM
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The renter insurance said that we are not liable due to the fact that it was not caused by negligance. They said the LL is suppose to have insurance to cover the structure of the garage.

The garage is not very damaged. No fire damage, just some of the siding on the outside melted due to heat. The LL wants to get the garages cleaned, ect he says. He refuses to go through his insurance, if he even has some, because he says we are liable.

The motorcycle and the car that were damaged are being covered by the vehicle insurance, not renters.
  #3  
Old 09-17-2009, 09:04 PM
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I guess the ins co thinks it is an accident, and not your fault. so they don't have to pay because you were not negligent, it was an accident.

That would fall under accidental fire and would have to be claimed thru LL's policy covering the building. Been a while but I think it is called a dwelling fire policy. which covers fire.

Did you put in a claim for any of your belongings in the garage?

Did landlord know you were keeping the bike there?

Why wont he just put his claim in and ask you for the deductible?

So yes your company is right the accident wasn't caused by any neglect on your part and was an accident and should be covered under LL'S dwelling fire policy.
  #4  
Old 09-17-2009, 09:09 PM
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Well sounds like yo have a pickle.

The acident was not your fault and your not liable.

Tell hm to sue you, if the judge finds it is your fault, the ins co will have to pay.

Thats it.

Did you submit to the auto insurance, property damage claim from the acidental bike fire?

Try that.
  #5  
Old 09-17-2009, 09:21 PM
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The only things damaged in the garage were the motorcyle and the car and we made claims on thier insurance. What does the dwelling fire insurance cover? Are LL required to have this?
  #6  
Old 09-17-2009, 09:30 PM
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Quote:
Originally Posted by prn-angel View Post
The only things damaged in the garage were the motorcycle and the car and we made claims on thier insurance. What does the dwelling fire insurance cover? Are LL required to have this?
The dwelling fire policy the LL should have would cover.... fire. among other things, but fire is what concerns you.

His deductible may be to high to put in the claim to the siding and cleanup. (sometimes people put the highest ded to lower premium, but then the deductible is subtracted from the damage estimate and whatever is left the Co. pays. could be like 300 after ded, so no point in claiming.)
maybe his ded is 2500. and that would cover it about.

I don't know what his policy is or what the ded is and I haven't seen the damage or the estimate of the damage... so I'm just saying ... that may or may not be the problem. Maybe he doesn't want to put in the claim for fear of being dropped, or rates raised... I cant tell. sorry

And, unless the property is mortgaged he is NOT required to hold any coverage at all.
  #7  
Old 09-17-2009, 09:58 PM
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Quote:
. In August there was an eletrical fire caused by my boyfriend's motorcyle in a garage which we rent. The claim was filed by the property manager and denied by the insurance company because the fire was not caused by negligance on my part.
could you explain how a motorcycle caused an electrical fire?
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  #8  
Old 09-17-2009, 10:11 PM
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Originally Posted by justalayman View Post
could you explain how a motorcycle caused an electrical fire?
lol, that is a brilliant question.

My Husbands Harley caught fire in the electrical unit of the bike, while he was on it.... I think it was because he basically put it together himself.
  #9  
Old 09-17-2009, 10:11 PM
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The motorcycle had ran, then was turned off. Everything was fine and the garage was vacated and closed. Obviously, everything was not fine and there was an electrical malfunction of some sort on the bike which caused it to keep feeding power from the battery, I believe the part is called an ECU or something like that. Anyways, the neighbor called 911 because they saw smoke and it turns out that the bike caught on fire from this eletrical malfunciton, according to the fire investigator.
  #10  
Old 09-17-2009, 10:15 PM
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I am going to ask this again.....

Did you try to get the insurance that covers the bike to also cover the damage to the garadge.... property damage?????.....
  #11  
Old 09-17-2009, 10:17 PM
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They said they only cover the damage to the bike, they wouldn't even cover the car that was damaged... we had to make claims on both policies
  #12  
Old 09-17-2009, 10:32 PM
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hm. sorry to hear that, and your LL is going to be sorry to hear if he wants the garage fixed he has to claim it under his policy, if he has one.

Fire was not your fault. it was an accident and needs to be covered under the "accident policy" AKA dwelling FIRE policy
  #13  
Old 09-17-2009, 10:35 PM
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well, unless the inspector is a qualified fire investigation engineer and had actually studied the motorcycle, he is only providing a "best guess" which is meaningless in court. As to an ECU continuing to feed power to the rest of the system causing a fire: highly improbable. You can leave the key on until the battery runs dead and not cause a fire. I suggest there was either some damaged wiring, poorly maintained wiring, or improperly installed wiring to cause such a fire.


I believe the "fire investigator" is simply guessing.

I would suggest the LL feels the same way and as such is attempting to hold you responsible for the damages.


So, do you have personal property and liability insurance or just personal property insurance?


maybe ecmst12 can step in on this but I would wonder if the motorcycle insurance may have a part in this. Myself, I do not know but since it was caused by the motorcycle, maybe the liability insurance on the bike has some place in this.
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  #14  
Old 09-17-2009, 10:42 PM
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Originally Posted by justalayman View Post
well, unless the inspector is a qualified fire investigation engineer and had actually studied the motorcycle, he is only providing a "best guess" which is meaningless in court. As to an ECU continuing to feed power to the rest of the system causing a fire: highly improbable. You can leave the key on until the battery runs dead and not cause a fire. I suggest there was either some damaged wiring, poorly maintained wiring, or improperly installed wiring to cause such a fire.


I believe the "fire investigator" is simply guessing.

I would suggest the LL feels the same way and as such is attempting to hold you responsible for the damages.


So, do you have personal property and liability insurance or just personal property insurance?


maybe ecmst12 can step in on this but I would wonder if the motorcycle insurance may have a part in this. Myself, I do not know but since it was caused by the motorcycle, maybe the liability insurance on the bike has some place in this.
1) yea thats what was wrong with hubby's bike, he was messing with the wires and crossed some somewhere. In which case he is liable for negligently messing with the wires

And

2) Thats what I think.... but OP said Motorcycle insurance denied that claim for some reason.
  #15  
Old 09-17-2009, 10:48 PM
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If your car catches fire, and causes damage to cars parked near it, your vehicle liability insurance will cover it, but I haven't personally dealt with a case like that to know if payment would actually be issued, or if the claim would be denied and defended. So it can't hurt to report the situation to the motorcycle liability carrier and see if they will cover or assist in your defense.

If your landlord is dumb enough to sue you, your renters insurance will certainly defend you, and the motorcycle liability insurance may defend you as well.

The fact that the motorcycle is not YOURS probably has a big part in why your renters insurance is denying liability outright and not telling YOU to involve your vehicle carrier. Unless you are both on the renters policy of course.
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