If your neighbors house burns and damages yours...

[elana_luv]

What is the name of your state? CT
The neighbor has only an insurance policy that covers the amount of the mortgage, which should essentially rebuild a house destroyed by fire, and it does burn to the ground, damaging the two properties on either side with melted siding, damaged windows and roofs, as well as some minor water damage. All three properties now have to file insurance claims with their own insurers. House # 1 where the fire started, rebuilds to be twice the size of before, is given over $100,000 cash, appliances, furniture, and many other things to assist their rebuild by local good citizens. Houses 2,&3 get 0 as their damage is considred minimal and must file with their own insurance companies and also must pay the cost for the differences in what the repairs are and what their insurance will pay. Additionally, they are penalized for even filing claims and now have increased premiums as well as being shown as "fire risk" on CLUE. Is the owner of house #1 legally obligated in any way to pay these costs for houses 2&3? if they took him to small claims court, would they be able to collect?What is the name of your state?

 

[lwpat]

No you cannot collect. The legal system does not protect you from bad luck. I also see little sympathy for your neighbor who lost everything.

 

[tranquility]

I have to disagree. The OP *can* collect.....IF he can prove negligence on the part of the neighbor.

 

[SnowCajun]

No you cannot collect. The legal system does not protect you from bad luck. I also see little sympathy for your neighbor who lost everything.

I don't get it, I mean here are these two houses sitting there and suddenly the one between them catches fire and damages both of the others also, so isn't a fire "bad luck"? I mean the person who lost their house and possessions had their insurance replace everything they lost because they had "bad luck"!!

I didn't notice the lack of sympathy you mentioned, I imagine they very well felt it but it's been masked by their frustrations of this other persons "bad luck" fire having damaged their house also! I always thought that insurance was for "bad luck" in the first place, how is it that these other folks shouldn't be compensated for having their property damaged because of this person's fire?

Trying to understand this one!
SnowCajun

 

[xylene]

Poster, which house is YOUR house?

Because where there is smoke there is homework.

 

[HomeGuru]

What is the name of your state? CT
The neighbor has only an insurance policy that covers the amount of the mortgage, which should essentially rebuild a house destroyed by fire, and it does burn to the ground, damaging the two properties on either side with melted siding, damaged windows and roofs, as well as some minor water damage. All three properties now have to file insurance claims with their own insurers. House # 1 where the fire started, rebuilds to be twice the size of before, is given over $100,000 cash, appliances, furniture, and many other things to assist their rebuild by local good citizens. Houses 2,&3 get 0 as their damage is considred minimal and must file with their own insurance companies and also must pay the cost for the differences in what the repairs are and what their insurance will pay. Additionally, they are penalized for even filing claims and now have increased premiums as well as being shown as "fire risk" on CLUE. Is the owner of house #1 legally obligated in any way to pay these costs for houses 2&3? if they took him to small claims court, would they be able to collect?What is the name of your state?

**A: what class is this for?

 

[justalayman]

what was the cause of the fire?

What did the owner of the house in the middle do that would make them liable?

 

[lwpat]

Because where there is smoke there is homework.

That was my thought also.

 

[elana_luv]

Sorry I haven't responded sooner.

It's not for a class, it's what happened to me as I'm one of the damaged houses. The investigation is still open and no one seems to know what caused the fire. The fire marshal won't talk with me except to say it's an ongoing investigation. I'm not speculating but only asking if there is any grounds to go to small claims, which apparently is only worth doing if there are findings of a criminal act if I'm reading your replies correctly. That's fine, I'll pay and I'll wait. And as far as sympathy goes,please refrain from making judgements. I'm not insinuating anything about anyone. Yes, you have insurance for bad luck, but if your insurer can't collect through subrogation ( think that's the word) they will consider you a risk for filing the claim. For three years they can raise your rates and put a note on CLUE that YOU are a fire risk. There was no fire at my house, right? It was next door. The house that burned was only covered by a policy that covers the mortgage amount. I'm not sure how they work but that's how my insurance agent explained it to me. He also said the contents of the house would not be covered with that kind of policy. It's been very interesting. Thanks for your opinions though. This whole thing has been an unpleasant and painful learning experience, not only about insurance companies but about people as well. Thanks again for the replies.

 

[alnorth]

As others have said, you can only sue the other person if they are somehow negligent. There cant be any doubt on this, you must prove the negligence. Presuming this is proven to be the case, you would then have to sue that homeowner, but even if you prevail it sounds like they dont have a lot of insurance anyway. If their liability limits are not high enough and they dont have any assets, you would have to make a claim on your own policy after going through all the hassle of hiring a lawyer and fighting it out in court.

This is why you have insurance. In the worst case, maybe you are out the deductible and have to pay another 20 bucks/month for 3 years. I would just turn in the claim and move on with your life, but its up to you.

 

[xylene]

i asked a specific question. Which damged house is yours?

 

[Grandma's house]

Sorry if I missed something but don't YOU have home owner's insurance? If renting then the landlord does surely. Get your agent out there like yesterday to file a claim against the other home owners insurance.

Also..FYI while home owners insurance "covers the mortgage" that is not all it covers. There has to be a "replacement clause" on it. Also I think that fire insurance policy certainly is liable to the damages to your home. You NEED to get YOUR insurance company involved Monday a.m. and file a claim.

 

[alnorth]

i asked a specific question. Which damged house is yours?

The neighbor has only an insurance policy that covers the amount of the mortgage, which should essentially rebuild a house destroyed by fire, and it does burn to the ground, damaging the two properties on either side with melted siding, damaged windows and roofs, as well as some minor water damage.

According to the OP, its one of the two damaged houses on either side of the fire.

 

[alnorth]

Sorry if I missed something but don't YOU have home owner's insurance? If renting then the landlord does surely. Get your agent out there like yesterday to file a claim against the other home owners insurance.

Also..FYI while home owners insurance "covers the mortgage" that is not all it covers. There has to be a "replacement clause" on it. Also I think that fire insurance policy certainly is liable to the damages to your home. You NEED to get YOUR insurance company involved Monday a.m. and file a claim.

The OP apparently does not want to file a claim on her policy because of potential rate increases from having a chargable claim. She was asking if the neighbor is liable so that she could possibly sue or make a claim on their policy.

 

[justalayman]

Also..FYI while home owners insurance "covers the mortgage" that is not all it covers. There has to be a "replacement clause" on it. Also I think that fire insurance policy certainly is liable to the damages to your home. You NEED to get YOUR insurance company involved Monday a.m. and file a claim.

Not true grandma. Since,at least in any state I am aware of, there is no requirement for insurance on your house by the states rules or laws. A mortgagee is only interested in their money being repaid so all they would require is insurance to cover the mortgage.

Other than that, it is buyers choice.

and to liability; not unless there is negligence on the part of the homeowner of the house in the middle.