Legal Question in Insurance Law in California

Auto fire liability continured from 10-14-2005

We both only had PL/PD coverage. His insurance

claims they are not liable for my loss because it was not his fault that his car destroyed mine, he took very good care of his car.

They did have a fire investigator come out, but they were telling me this before he had completed his report.

I finally did receive something in the mail asking for

more time to investigate. I called them back two weeks

after I received the letter, and they are still claiming

that they are not liable for the fire. I mentioned that

the car had aftermarket speakers and was told that that

had nothing to do with the fire. Am I entitled to a copy of

the fire investigators report? Do they have to send me

something in writing denying my claim?

What exactly am I entitled to in small claims court?

Do I only name the vehicle owner? Would they have the

same story if the property owner asked for their damages?


Asked on 11/07/05, 9:38 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Auto fire liability continured from 10-14-2005

They are not compelled to provide you with anything, unless you initiate legal proceedings. It appears they are simply "bluffing" and hoping you will go away quietly. Depending on the amount of damage you are claiming this will determine the court with proper jurisdiction in this matter. You may go after the individual, the insurance company or both when initiating your lawsuit. If you would like assistance in this unfortunate matter, contact us directly.

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Answered on 11/11/05, 4:28 pm


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