Legal Question in Civil Litigation in California
Burned
A friend of mine borrowed 600 dollars from me, through my parents, when I was in prison. It was taken out of my account. Loaned to him with cash. He is not disputing that. He paid $60 of it when I got out. He then went to prison. The deal we had was that he would store my VW Bug at his house until he paid me the money he owed. Perfect deal since I could not have it in my driveway since it was not registered. Well, his house burned down and destroyed the VW bug along with it. He is a renter. The fire department is saying that the fire was due to bad or old electrical wiring. Therefore I would imagine the actual owner is responsible for paying for the damage to my car. Please let me know. I am not sure which is responsible. If it is the owner of the house then I will definitely sue. If it is my friend then I will take a different avenue. Someone help me out and please advise.
Thank you
2 Answers from Attorneys
Re: Burned
Yes, that is the question, is it not? Who is responsible? Unfortunately, it is almost always impossible to determine who or what is the ultimate cause of a fire. And, unfortunately for you, you are the one who has to prove causation. Looks like you are out of luck on this one.
Re: Burned
Your thinking is correct. It seems that the cause of fire has been identified as "bad or old electrical wiring" hence making it the property owner's responsibility.
First, get an evaluation of your VW so that you can be certain how much money to ask for.
Second, if you carried comprehensive/collision insurance on it, then file your claim with your insurance carrier.
Third, if you did not have insurance, then file a claim with the homeowner's carrier.