Legal Question in Civil Litigation in California

Fire Damage Recovery

A tractor started a fire that burned my trailers and items worth approx $40k. The driver had ok to disk from a tenant on the land and after fire recieved citation for no spark arrestor on tractor (cuase of fire). How do I go about recovery of my losses? My insurance company is only dealing with my Farm Ranch policy that was for about $6000 of horse eqt. etc. and said they wont help me go after additional losses. I need to know what to do soon! Thank you


Asked on 8/25/06, 12:04 am

4 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Fire Damage Recovery

You need to do two things. First, you should hire an insurance coverage attorney to review the policy and make sure your insurance company is actually providing the coverage that they should provide.

Second, you should hire an attorney to sue the driver who caused the fire. These could be the same people or different people, but this starts to get complicated, including a potential claim you may have for lost income or loss of use of your equipment. It is not something that you should try to take on yourself.

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Answered on 8/30/06, 3:33 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Fire Damage Recovery

You need someone to review your insurance policy to make sure that the insurance company is correct to only cover $6000 of your damages. You may be required to sue the driver and the tenant, and possibly some other entities, to recover your damages. Find a lawyer in your area and talk to them about this issue.

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Answered on 8/30/06, 4:13 pm
Terry A. Nelson Nelson & Lawless

Re: Fire Damage Recovery

IF you really are limited to that coveage amount, then you have to file a lawsuit against everyone involved in starting the fire and owning the land. If in SoCal, feel free to contact me to discuss the facts and issues.

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Answered on 8/30/06, 4:53 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Fire Damage Recovery

In addition to sueing the tractor driver, you will also be able to sue the last person who did mechanical work to the tractor, assuming it is not the driver. Through discovery, we should be able to find out who the last person to work on the tractor was.

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Answered on 8/30/06, 7:26 pm


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