car fire in the driveway of my rental property

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 22, 2012

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Insurance Question from Los Gatos, CA

Asked on 05/22/2012

car fire in the driveway of my rental property My tenant had a fire in the engine of thier car in the driveway of my rental property which caused some damage to my home front and garage. Whom is responsible to pay this claim my homeowners insurance or there car or renters insurance.

Answer given on May 25, 2012

If there is a fire that damages property that is caused by an automobile, it would be handled under the property damage portion of the auto insurance. The owner of the auto should report this to their insurance company.You could file a claim with your homeowner insurance but you would be subject to your deductible until your insurance company subrogated the damages from the auto insurance company. It may be better to try to see if the auto insurance company will accept liability and then you could receive payment without any deductible. If they refuse or decline the claim, then you would have to go through your insurance company for the damages. If the damage is under your deductible then you should try to recover payment from the owner of the car, or take then to small claims court. However, their insurance company should be willing to pay for the repairs since the damage was caused by their client’s car.

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