Apartment Fire - Insurance Issue

[dpm12]

What is the name of your state? Arizona

So we had a fire in our apartment. I live with my girlfriend and both of our names are on the lease for the apartment. We had renters insurance that we were told that everyone and everything in the apartment was covered. So when it comes time for the claim they tell us that because my name wasn't on the policy in writing and that I'm not covered but all of her stuff is, I was even paying the bill thinking I was covered. That is not so much the issue but it may help in a solution for this.

The bigger issue is that the apartment complexes insurance contacted our insurance and her half of the "damages" to the apartment is going to be covered by the insurance but they told them that they were going to hold me responsible for the other half since I wasn't on the policy. And the thing is that the fire was started by my girl friends lamp on her desk. It basically took most of the stuff on the desk with it and water damage from the sprinklers took everything else in the room.

She ran home after work grabbed some stuff and left to the mall in a rush and left the lamp on. Which some how caught some things on the desk (that she put there) on fire that was too close the lamp (it was a halogen lamp, it gets hot), Then came back in about 1.5hr to water rushing off the porch and the fire alarm going off. I had been at work all day and am in no way responsible for it happening. Nothing of mine was even near or on her desk. In fact nothing of mine even got damaged as a result of the fire or water of any value luckily since I wasn't even covered on the policy apparently. And she admits to it starting because of her belongings and actions, being an accident of course.

So that being the story, and haven't gotten any formal request from the insurance to pay, just that they might try to come after me for half of the damages. Is there something that I can do to maybe prevent this from happening. Or possibly something that the insurance should be covering because it is the person that is insureds obvious fault and they are liable to cover my half. We are also really good friends with the manager of the apartment complex and he was going to try to call his insurance to see what he could do to maybe make them not (no word back about that yet) I just want to have a plan if he can't do anything. And another option that I was wondering, If I took my girl friend to small claims court to cover my half of the damages to the apartment would her insurance cover the bill then? I'm just not sure about this situation but I don't feel like I should have to pay for damages. I'm also not looking to make my girl friend pay out of pocket personally.

Any advise would be muchly appreciated.

 

[tammy8]

Since you are not married, you both should have each had renter's insurance to cover your half of the liability. Your name was on the lease so you are 50% liabile for everything that happens.

 

[moburkes]

I'm going to disagree Tammy. They aren't married, so there's no liaibility there, and the fire was caused 100% by the other party. I say that they're holding you accountable because you don't have an insurance company to defend you.

Also - it was stupid to think that you were covered by a written contract between the insurance company and the person whose name was on the contract. Why did you think you were covered for free? I hope you don't think that you're covered under her auto policy for free...

 

[dpm12]

I thought I was covered because she went and set it up for us when we moved in, I wasn't there at the time she set it up but she asked them about it and they told her that everyone was covered. And she made sure I was on it now of course for our new apartment and our cost did not even go up per month. I didn't think I was covered for free, I was paying for the whole thing. They told her I was covered.

So is the insurance company just trying to squeeze some money out of me since I don't have an insurance company to back me up? Do they really have a case if it was caused by the other person 100%?

Thanks for the responses!

 

[moburkes]

Insurance doesn't cover you unless you're listed on the contract. Period. If you were told otherwise, and can prove it, then sue the agent.

No, the premium shouldn't have changed. The risk didn't. Unless your credit was horrible, and the average the household credit score, it wouldn't change the premium.

 

[IrishNodak]

Since you are not married, you both should have each had renter's insurance to cover your half of the liability. Your name was on the lease so you are 50% liabile for everything that happens.

That's not true. He COULD have been listed on HER policy. He simply wasn't, so he's not covered.

 

[moburkes]

That's not true. He COULD have been listed on HER policy. He simply wasn't, so he's not covered.

That is true - IF his insurance company is one that will allow two non-related people to be named insured's on the same policy. Not all companies will do that.

 

[tammy8]

That is true - IF his insurance company is one that will allow two non-related people to be named insured's on the same policy. Not all companies will do that.

My company don't.

 

[dpm12]

I understand that I'm not covered under the old policy that we setup. I'm more worried about getting charged for damages that I did not cause when a person that is insured is responsible. And I'm currently on the new one for the new apartment so they allow it.

 

[moburkes]

I understand that I'm not covered under the old policy that we setup. I'm more worried about getting charged for damages that I did not cause when a person that is insured is responsible. And I'm currently on the new one for the new apartment so they allow it.

Then pay a lawyer to defend you.

 

[IrishNodak]

That is true - IF his insurance company is one that will allow two non-related people to be named insured's on the same policy. Not all companies will do that.

Thanks Mo. I worked for one that does so I did not know that not all will allow that. I appreciate the info.

 

[IrishNodak]

They aren't married, so there's no liaibility there, and the fire was caused 100% by the other party. I say that they're holding you accountable because you don't have an insurance company to defend you.

On what grounds tho'? Just because he's on the lease?

OP, I would definitely fight them all the way on this. Is your GF doing anything via her insurance to help you out with this? Have you heard anything from them, or is simply a rumor at this point that "they might" come after you?

 

[dpm12]

It seems like it might be more than a rumor because they told our insurance that they were only going to make them pay half and were going to make me pay the other half. The official work has yet to be done on the apartment though. So that is probably why I have not heard anything official yet and no exact amount. My girl friend did try and get them to cover me but they won't since I'm not written on the policy. They only cover fees that are put against her for damages, so I just need to get the other insurance company to give her 100% of them.

It honestly wasn't much damage to the building itself, the fire did not harm the building. There are holes in the wall from the fire department trying to figure out how it started and around the sprinkler that went off. And the carpet was pulled out because of the water from the sprinkler. The walls just had a ashy hint to them from the smoke but they paint the walls before each tenant anyway. The fire was going only until it set off the sprinkler and it went out so the actual fire damage is very minimal and it was only one sprinkler in one room.

Do you think the Arizona Department of Insurance could help? I'm just not sure how things work with them, but would be cheaper than a lawyer.

Thanks for the responses! And I'm sure going to fight them IrishNodak, if/when I get something. I just need all the information I can so maybe I can stop it or know how to defend against it.

 

[IrishNodak]

What is the name of your state? Arizona

The bigger issue is that the apartment complexes insurance contacted our insurance and her half of the "damages" to the apartment is going to be covered by the insurance but they told them that they were going to hold me responsible for the other half since I wasn't on the policy.

Who told you this? Has your girlfriend heard that from the apt. complex insurance company or her own? What does HER insurance company say? They should be paying HER liability since SHE is fully covered with them and it's her fault.

MO will correct me I'm sure, but I don't see where the apt. insurance company can say they are going to only make them pay half. That is up to your GF insurance company to decide.

When I asked if your GF got involved to help, I didn't mean to get you covered as they won't at this point since you never were on the policy. Just an FYI, if you were included on the policy, they would have normally(going by how we did it), needed some info from you like SS#, DOB, and definitely your signature. I meant her helping in the form of INSISTING her insurance company cover the damages since she is paying for the policy.

I doubt the dept. of insurance would get involved this soon. So far, you don't even know if you are being held liable for anything. I think you need to relax and wait and see what happens. If they do come after you down the road, I would then see what the dept of insurance would say about her insurance company not paying the claim. Or you could go to court and see what the judge says. Or they may not charge you much and you may be allowed to make payments.

I think right now, try find a lawyer that knows insurance laws that will give you a free 15/30 minute consult. Or email some in your area and just ask for their thoughts. I've done that and gotten some great responses before. Make sure to include your phone number to them.

Good luck and let us know what happens.

 

[dpm12]

The adjuster that my GF is dealing with told her that the apartment complexes insurance contacted them and they will pay my gf's half but they were going to come after me for the other half.

I'll try and get her to do that with the adjuster and see what happens. I was actually paying for the insurance though lol. And thanks for the advise on asking some local lawyers in the area. I'll give that a try also and see what they think, I'm just worried that if I need a lawyer it will cost the same as paying it if they win it for me. I geuss it would definitely make me feel better then paying for something that I know is just wrong.

I know I should wait and see what happens but if it does happen I just want to be prepared, or even prevent it.

Thanks!