Legal Question in Personal Injury in California

Apartment property fire

I and my roommate had our apartment burn in a fire on 10 aug 2006. I was asleep and barely made it out alive didnt hear smoke alarm and was woken up by roommate whose room it started in. I do not know the cuase of the fire. No renters insurance all personal belongings lost. It is now feb 15 and i get notice from insurance company representing complex that i am laible for in excess of 134000 dollars in losses by subrogation. The cause of the fire is unkown and the fire report states cause indeterminate. They have given me seven days to respond and then they will file legal action. I am getting a lawyer however if they should win can they take my retirement 401k and can i declare bankruptcy. No one was injured and the report does not state deliberate intent. I am waiting on the arson investigation still. What should i do to protect my assests and future paychecks.


Asked on 2/19/07, 6:26 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Apartment property fire

When you decided to save $100 by not buying renters' insurance, you made a bet that there would not be a fire. You lost this wager fair and square. If you had had insurance, they would have given you a free lawyer to defend the lawsuit. I hope your lawyer can beat back the lawsuit, but, if not, you will have to either suffer the adverse judgment or file for bankruptcy. The lawyer you retain will be able to advise you on what assets can and cannot be taken.

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Answered on 2/22/07, 3:29 pm


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