If my neighbor’s house caught fire and damaged mine, how can I recover my deductible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my neighbor’s house caught fire and damaged mine, how can I recover my deductible?
I have water and smoke damage to my basement townhouse. My neighbors left a pot of grease on the stove and it caught fire. The person that did it was a tenant of the person who owns the townhouse. The renter did not have renter’s insurance, so the landlord is saying that he won’t cover my damages under his policy. My insurance covered it but says they cannot go after the tenant since it was his fault. So am I out my deductible or is there a way for me to recover it?
Asked on May 23, 2017 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue the tenant for your deductible, such as in small claims court, as your own attorney. To win, you'd have to prove in court by a "preponderance of the evidence" (more likely than not) that the tenant was "negligent," or unreasonably careless, in causing the fire. To do that, unless he has already admitted liability under oath or been found liable in another court proceeding, you would almost certainly need to subpoena a fire investigator, insurance adjustor, etc.--someone who looked into the cause of the fire and issued a finding, based on their experience and training, as to the cause. You would issue them a subpoena to appear for and testify at trial.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.