Apartment burned down and I didn't have renters insurance ...

[gotburned11]

I didn't find a sub forum that covered renters and renters insurance, so here I go:

A few weeks ago my apartment burned down in an apartment fire. I did not have renters insurance and subsequently lost everything that was in my apartment in that fire. The individual/apartment who appears (from the fire report) to have started the fire has renters insurance. Can I sue him and/or the apartment complex and file for damages?

Is there anything that I can read (links to documents online) on what course of action I can take? If I haven't provided enough information let me know.

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

 

[tranquility]

If you are hurt from another's negligence, you have the right to be made whole.

We don't know if there was negligence, or who the guilty would be if there was, but you have the right to try to figure it out.

See an attorney. It's not like you'll be making a phone call and they will send you a check.

 

[gotburned11]

Thanks tranquility.

1) Does causing an accidental fire with a cigarette constitute as negligence?

2) Also does the insurance the apartment has pay for property damage caused to residents? Does this happen?

3) How long do you have to typically wait to initiate legal action? Start right away or when the dust settles?

 

[tranquility]

1) Does causing an accidental fire with a cigarette constitute as negligence?

It depends.

2) Also does the insurance the apartment has pay for property damage caused to residents? Does this happen?

Don't focus on the insurance, that is the defendant's problem. Focus on who hurt you.

3) How long do you have to typically wait to initiate legal action? Start right away or when the dust settles?

Ask the attorney you retain.

 

[divona2000]

Q. Wouldn't OP have a responsibility to mitigate his own damages by having renters insurance?

 

[tranquility]

How would the OP's private contract give any rights with the defendant? If there is a tortfeasor in this instance, it doesn't matter if the OP or his subrogated insurance company sues him.

 

[ecmst12]

I hope you have NOW obtained renter's insurance at least. Next time it could be your accident causing the fire and YOU getting sued by multiple people.