xmas tree fire auto damage

[dcraig]

I live in New York City, NY. My car was parked on the street next to a curb where a high rise building piled their many christmas trees (on the sidewalk) to be removed by the city the following day. During the night some drunks from a neighboorhood bar lit the trees on fire, resulting in the fire department having to respond to extinguish the flames. The passenger side of my car is completely burned, the paint, rubber, moldings, bumper and tailight are destroyed. 2 tires are damaged also. The dry cleaners storefront there also sustained damage - broken glass and a burnt destroyed awning and charred facade.

The police were called but would not issue a report, they said it was a civil matter to be addressed through attorneys and insurance companies because the perpetrators were not caught.

The property owners (the high rise apartmnet building) are claiming that their insurance company will not pay because the car was in the street and they are not liable; that is not their property and also that they are not liable because the incident wasn't caused by them. Why is it if your garbage is in the street here it is considered your property and the city will fine you for that, considering it your domain but it is not recognized as such in an insurance claim? I don't beleive that!

The damage is approx. $3000 and I do not feel that i should have to have my insurance company pay for this even though I am covered (and of course I will have to eat the deductible) and then have my rates increased as a result. I am mad! Help?

 

[ALawyer]

Sorry, I don't see this as worth getting into a tizzy over.

You are likely not going to find the drunks (who would be fully responsible), and if not you can't sue them and collect.

And if you sue the building its insurance company will vigorously defend as unless it was in some manner at fault (and it is hard to see how it was unless perhaps they heard about drunks lighting fires and still pilled the trees on the street days before the expected pickup, and even then....) it has no liability. Stuff happens, even in NY.

This is exactly what you have comprehensive auto insurance for. Let your insurance company pay for it and eat the deductible. If IT feels it could sue the building it would do so under its subrogation rights.

 

[dcraig]

Thanx for the response, but why isn't the building's insurance liable, that's what they have general liability for, if I walked down the street and fell over those trees and was injured, they would be liable. The incident still initially happened on their property. resulting in my damages. Is there an issue because it's a car on the street and not on the sidewalk that sustained damage as a result of this? What are they paying property damage insurance for then?

This building has been a sore spot on this block for piling huge amounts of garbage on the sidewalk and in the street way in advance of pickup (unlike other high rises) for quite awhile often times almost completely blocking the sidewalk and blocking legal parking places on the street. Alledgedly they have incurred city sanitation fines as a result of this.

I don't want to eat the deductible and more important, I don't want my auto insurance rates raised for something that happened while I was sleeping. Any suggestions?
Thanx......dc

 

[ALawyer]

The building's insurance company only is liable for things the building owner would be liable for, and the building owner would NOT have any liability unless it did something wrong. If its piling the trash was a violation of an ordinance, and that violation was proximate cause of the damage -- or perhaps a forseeable cause -- you may have a beef. But my sense is it is NOT, although others may differ.

As for your insurance -- ask the state insurance department if the rate goes up on this. I doubt it is a chargeable accident. Your insurance company may lose, but that's what you buy protection from them for.

 

[dcraig]

Thank you very much for your advice on this matter, I appreciate it.

DC

 

[CUDALIS]

a comprehensive loss is not 'chargeable' your insurance rate is not increased, as in a chargeable accident/moving violation.