Car damaged by fireworks

[Old-okie]

What is the name of your state (only U.S. law)? OK

Police will not take any action other than taking report.

Fireworks are illegal inside the city limits. Renter across the street was shooting off fireworks on the Fourth of July. Cinders from the fireworks have damaged the finish on our less than year old car which was legally parked in our driveway. It is doubtful that the renter has any kind of renters insurance.

Is our only action possible a small claims action against the renter or can we try to collect from the landlord's owner policy?

If we get a judgement against the renter, can we place a lien on her personal property (car)?

Should we file with our insurance and let them go after her for our deductible knowing that it is unlikely that it will be worth it for the damages to pursue her for the damages due to our large deductible?

 

[justalayman]

Is our only action possible a small claims action against the renter or can we try to collect from the landlord's owner policy?

was the LL lighting the off as well? Was the LL even aware the tenants were shooting off fireworks? If no; then the LL would have no liability.

If we get a judgement against the renter, can we place a lien on her personal property (car)?

Not sure what actions are available for you to obtain payment of a judgment in your state.

Should we file with our insurance and let them go after her for our deductible knowing that it is unlikely that it will be worth it for the damages to pursue her for the damages due to our large deductible?

are you sure you have a large deductible on comprehensive? Often the deductible is quite low on comp.

anyway, check with your insurer and if the damages are well beyond your deductible, have he insurer pay for what they will. They will not go after the party for your deductible. They will only go after them for what they actually have to pay out. You would still have to go after them for your deductible.

 

[ecmst12]

Most people have the same deductible on comp and collision because they do not realize how much cheaper it is to lower the comp deductible.

Did you call the police and report the illegal fireworks? If not, then you have no proof who was setting them off in the first place and will not get anywhere with a lawsuit nor will your insurance company be able to pursue the tenants.

If your insurance company DOES pursue them, they will go after the whole bill including the deductible as long as they pay out something. If the damage is less then your deductible then you will be on your own.

 

[justalayman]

If your insurance company DOES pursue them, they will go after the whole bill including the deductible as long as they pay out something. If the damage is less then your deductible then you will be on your own.[

Surely the insurer can be authorized or even contracted to act on behalf of their client and would attempt to collect the entire amount of damages but from experience, it isn't always that way.

 

[Old-okie]

Most people have the same deductible on comp and collision because they do not realize how much cheaper it is to lower the comp deductible.

Did you call the police and report the illegal fireworks? If not, then you have no proof who was setting them off in the first place and will not get anywhere with a lawsuit nor will your insurance company be able to pursue the tenants.

If your insurance company DOES pursue them, they will go after the whole bill including the deductible as long as they pay out something. If the damage is less then your deductible then you will be on your own.

On the 4th, our experience has been that neither police nor fire will respond due to the significant other problems on that day. They cannot file charges unless they see them doing it. We do have witnesses.