Who is responsible for my personal property damage and how do I make them pay

UPDATED: Sep 30, 2022

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Who is responsible for my personal property damage and how do I make them pay

I had a kitchen fire in my his apartment which I pay renters insurance. Due to the painting and repairs needed, I had to rent a storage building unit to store my belongings. Upon checking on my belongings a couple of days after moving them to unit, I discovered my unit was flooded. It appeared to be coming from the roof. I took pics and notified storage property manager who gave us another unit to move to, however it too flooded and after moving all personal property to third unit, belongings are now growing mold and most of my electronics ruined. The property manager giving me the runaround and the insurance company is giving me the runaround. How do I get some to pay me for the coverage that is suppose to be given?

Asked on July 14, 2017 under Insurance Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your renter's insurance probably does not cover your items while they are stored away from your unit: you can and should check the terms of your policy to be sure, but most likely, the renter's insurance only covers damage done at the name location (i.e. at your apartment). The insurance policy is a contract, and the insurer only needs to provide the coverage listed in the policy.
The storage facility, however, would be liable if your items were damaged due to their negligence, or unreasonable carelessness, in not maintaining their building (i.e. in allowing evidently common or persistent leaks). You can sue the storage facility for the damage they caused, through their negligence, to your belongings. You can sue them for the current (as of the time they were damaged) value of those items. Depending on the value, suing in small claims court, as your own attorney or "pro se" to avoid legal fees, may be a very good options. (And a fast option, too: small claims court is quicker than other courts.)

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.

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