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accidental fire?

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Frodoo

Member
What is the name of your state?
Virginia

While vacationing at the summer home of a relative, we wanted to do some yard work to help spruce the place up. There was a very large amount of leaves, more then we felt could be reasonably be bagged. Since it’s a rural community, leaf burning is permitted. We obtained a burn permit from the local town hall, and followed the requested directions.

A rather large accidental fire occurred from a gust of wind. The neighbor’s garage caught fire.

They had insurance, and the insurance companies paid the claim to repair the damages. The relatives house we we’re visiting had liability coverage on their homeowners.

Then the insurance company of the neighbor with the damaged garage sent me a bill for the full amount they paid on the claim demanding full payment.

I’ve omitted a few details, but this is general idea. Is this how it works? I have to pay the insurance company?What is the name of your state?
 


moburkes

Senior Member
No, you, personally do not have to pay the bill. You were the negligent party, but you are able to submit the bill to the insurance company. However, I'm at a loss for which insurance company you should submit it to. My gut tells me to submit it to the homeowner's of the house that you were visiting. You'll receive more responses soon.
 
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shell007

Guest
moburkes said:
No, you, personally do not have to pay the bill. You were the negligent party, but you are able to submit the bill to the insurance company. However, I'm at a loss for which insurance company you should submit it to. My gut tells me to submit it to the homeowner's of the house that you were visiting. You'll receive more responses soon.
I agree, but I would also think that the homeowners could/would then be able to turn around and sue the OP.
 

moburkes

Senior Member
shell007 said:
I agree, but I would also think that the homeowners could/would then be able to turn around and sue the OP.
I know what you're saying, Shell007, but that's what the insurance is for. If not the homeowner's insurance, then his own homeowner's insurance. So, its not that insurance won't pay, its a matter of which company will pay.
 
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shell007

Guest
moburkes said:
I know what you're saying, Shell007, but that's what the insurance is for. If not the homeowner's insurance, then his own homeowner's insurance. So, its not that insurance won't pay, its a matter of which company will pay.
What about the deductable?

Added question/scenario: Can't the homeowner (where the OP was visiting) chose to NOT make a claim on their homeowner's policy?
 
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shell007

Guest
moburkes said:
There is no deductible for liability.
Ahhhh I see!

Not trying to cause any confusion, just exploring all possible scenario's in order to help out the OP!:)
 

moburkes

Senior Member
shell007 said:
Ahhhh I see!

Not trying to cause any confusion, just exploring all possible scenario's in order to help out the OP!:)
Sure, and as far as NOT making the claim-OP's question is does he have to pay the bill. The answer is YES since he was negligent. The homeowner whose garage caught on fire is not responsible. This was not an act of nature that caused the fire; instead it was OP's negilgence that caused it. My ONLY question is which policy will cover the damage, his or the family member's. Since he was at the family member's house, I guessed the family member's insurance.
 

Frodoo

Member
moburkes said:
Sure, and as far as NOT making the claim-OP's question is does he have to pay the bill. The answer is YES since he was negligent. The homeowner whose garage caught on fire is not responsible. This was not an act of nature that caused the fire; instead it was OP's negilgence that caused it. My ONLY question is which policy will cover the damage, his or the family member's. Since he was at the family member's house, I guessed the family member's insurance.

The family member's insurance company claimed that since the insured was not present at the time of fire, he's wasn't liable. So refused to pay.
 

moburkes

Senior Member
Frodoo said:
The family member's insurance company claimed that since the insured was not present at the time of fire, he's wasn't liable. So refused to pay.
Then there's your answer. File the claim with your insurance company, or pay for the damages out of your own pocket.
 

Frodoo

Member
moburkes said:
Then there's your answer. File the claim with your insurance company, or pay for the damages out of your own pocket.
When the fire started both neighbor and I went to grab are garden hoses only to discover there was not any water pressure. When the fire department arrived, the hydrant was bone dry.
 
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shell007

Guest
Frodoo said:
When the fire started both neighbor and I went to grab are garden hoses only to discover there was not any water pressure. When the fire department arrived, the hydrant was bone dry.
The final result is all that really matters at this point. The specifics between the beginning and the end don't matter much.

The burning of the leaves was the direct cause of the garage catching on fire.
 

Frodoo

Member
shell007 said:
The final result is all that really matters at this point. The specifics between the beginning and the end don't matter much.

The burning of the leaves was the direct cause of the garage catching on fire.
Do people normally get special insurance if there going to spend the weekend at Uncle Jimmies? Who would do that? Why? We had a town permit to legally burn the leaves. The town didn’t tell me be careful there might not be any water when you burn them. The fire department wouldn’t have even been needed had the water pressure been there.
 
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shell007

Guest
Frodoo said:
Do people normally get special insurance if there going to spend the weekend at Uncle Jimmies? Who would do that? Why? We had a town permit to legally burn the leaves. The town didn_t tell me be careful there might not be any water when you burn them. The fire department wouldn_t have even been needed had the water pressure been there.

I think you are grasping at straws. Now matter which way you slice it, this "neighbor" needs to be compensated. He was/is completely INNOCENT in this whole ordeal. The "neighbor" should not have to sit around and wait to be compensated while you are running around exploring all of your options to get out of paying.

Did the town fire department KNOW FOR FACT that there was no water pressure or were they just as surprised as you were?

If you feel that you have a legal leg to stand on with the town, then pay the neighbor, and then make your own claim against the town/city for reimbursement!

In the end...I don't think you have much of a case.
 
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weenor

Senior Member
contact your homeowners immediately. They will hire an attorney to defend anything that may come up (i.e. including the lack of water). What you do not want is a denial of coverage because you did not put the carrier on notice in time.
 

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