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Sue or not?

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Target119

Guest
What is the name of your state? Georgia

Here's my situation! Back in August of 2002 I moved in with roommate who owned his own home and rented out a room to me. Upon moving in my mother who was helping asked the guy if I needed to get renters insurance and he stated No that I was covered under his Home Owner's insurance and if anything were to happen, he would claim it on his Home Owner's. Well time went by and in November of 2003 the house was burglarized due to the front door left open by him. Majority of the stuff that went missing was mine which valued at $3400.00 and his stuff valued about $1200.00. When we were talking to the Police he again assured me that I needed not to worry because his Home Owner's would cover my stuff. Well he began to file his claim and mentioned that I was a renter in his home and the insurance company refused to pay him for my items and rewarded him with a $1000.00 check which till today I still haven't seen to verify if they paid him more.

To add to the story when I first moved in there was a third person living with us and he had already moved out and relocated way before the burglary. After the burglary I made contact with him and asked if he was ever asked to aquire his own renters insurance and he claimed that he did not because the home owner said his insurance would cover him under his roof.

I guess my question is, do I have a case to ask him to pay for my missing items, and how should I go about it.The former roommate who lived there is very friendly with the home owner so I don't think I can get a statement from him. There was no forced entry because the door was left open by him and I did not aquire renter's insurance due to his gaurantee that I would be covered.
 


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Target119

Guest
Sue or Not?

No the room did not have a lock on it. Everything in the house was equally used by the both of us. He didn't have a lock on his room either nor did the third roommate.
The only keys I used for the house was the exterior locks and the same for him.
 

BL

Senior Member
Then go down and file small claims action for your loss.
The filing fees are cheap.
File for monetary loss due to his negligence .

Are you sure the other roommate didn't leave the door unlocked ?

You may want to subpoena the Owners records from his insurance Co. to see what his cause was to recover his loses.
If it states he left the door unlocked then you should be able to present it to the court and recover.

I'm not sure on this either, but I believe a landlord should have provided your room with a lock.You could certainly argue that point .
 
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Target119

Guest
The third roommate had long been gone by this point and no longer had a key to the residence, so I am sure that he didn't leave the door open. The home owner stated that when he came home earlier that evening that he had came in through the front door and left out the back door securing the back door. He couldn't remember locking the front door before he left. After I got home and the Police arrived we checked every window and door of the house and found that there was no forced entry. The front door was the door standing open when I arrived to find the place had been burglarized. I actually scared them off, I saw them parked beside the house in a shopping mall parking space that was approx. 50 yards away at around 2350 hours but I was just passing by to take some movies back and thought it was just some kids using the bathroom behind the building because when my lights hit them they scattered. It wasn't until I came back and saw my front door open that it hit me, what had just happened. The locks on the doors by the way are the kind that takes a key to get in and out.

I guess I just wanted some kind of guideline to go by and make sure I did have a strong case by gathering other's opinions on the matter. I didn't want to look like a jackass it court. The only thing that bothers me is that he is still a friend and he has no clue that I am considering doing this, and the more I sit back and think of the sequence of events it pisses me off. One thing that bothered me is that he assured me I was covered up until he found that his insurance company wouldn't cover me. Then he started acting shady and said that he was working with them and looking into his policy because he assured me his agent told him that whoever was living in the house would be covered under his home owner's. Then I didn't hear anything for a while and about a month later he stated that he was still looking into it and he kept telling me something like they were giving him a sufficient amount to cover his lost items in an amount of like $1000.00 . I finally had asked him if he had recieved a check from them and he told me yes, and I was pissed because he kept telling me that he was looking into getting my items covered too. So I asked him did you cash the check, and he stated that he in fact did cash the check, I about blew my top. From what I understand, once you get the check and deposit it or cash it, that it's a done deal with insurance companies. Again he stated even though he got the check that they assured him that the case was not closed, so I asked him if he got that in writing and he stated that he did not.
Well anyway, I appreciate anyones advice on the situation. I guess the only thing that is holding me up from following through with the claim is the fact that he is a friend. It's not like he would miss the money because he has a trust fund worth millions but that's not the point. I guess I just want to know if I would win before I follow through, which I know is impossible. If I win it wouldn't bother me at all because he is moving to Ft. Lauderdale soon anyway and I wouldn't see him much at all. But if I loose I just have a guilty conscience that I would have burned a friendship for nothing.
 
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Rick H

Guest
Some friend

Sounds as if he could careless about your friendship. He is reponsible as a lessor to make safe the domain when he enters and exits. he is most partly at fault and he admitted to take you under his umbrella of insurance. I asked my agent and he said you where covered as if you just came to visit and fell and broke your leg on his property you are covered.

I would contact the department of insurance in your state and ask them to review it and then sue both him and his insurance company for bad faith. Good luck.
 
T

Target119

Guest
Well personally I think that if I do follow through with this and win that he would be smart enough to sue his insurance company on his part. He believes he was a part of a Bait and Switch scam with his agent who so happened to have retired from the company prior to our incident. But his insurance company is not my problem, it's his because it was his policy with them. My problem was him assuring me I was covered. I personally don't think I would have much of a case against his insurance company, but I may be missing something.
 

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