Legal Question in Insurance Law in Massachusetts

Fire

I live in an aparment building I parked my car on Saturday the 1st Septmeber2007 @11pm. another tenant came on Sunday the 2nd at around 4pm and he parked beside me, thirty minutes later his car caught on fire. So one of my neighbors came and ring my bell and told me someone's car is on fire and my car is right next to it. Since his car was only cm away from my car, my car got damaged in the process. the passenger was burned, the bumper was melted, the door handle melted. The police came and fire department came and put the fire out. the police gave me his information. since, monday was a holiday I contacted his insurance company on tuesday. I filed the claim and they sent an appraiser to look at the car. the appraiser said that the car was total loss. Now the insurance is saying if the guy wasn't responsible for the fire they are not going to replace or give me any money. I have the same insurance as the person that had their car burned. so now I want to know if the insurance company doesnt take the initiative. what other options do i have.


Asked on 9/07/07, 2:42 pm

1 Answer from Attorneys
Roger Turgeon Turgeon & Associates

Re: Fire

You will only succeed in a claim with the insurance company for the other car if you can demonstrate that the other car owner was "negligent" in some way that caused the fire. Purely spontaneous fires are very rare, so the story that the car simply caught fire on its own is not very convincing, leaving the possibility that the owner did something he's not admitting to that could render him, and therefore his insurance company, liable, but that likely would be very hard for you to prove.

If it turns out the other owner started the fire on purpose, you would again be out of luck with his insurer, as insurance only covers accidents, not deliberate actions by policyholders.

Your only really viable course of action is a claim under your own car's "comprehensive" (i.e., "fire and theft")coverage. This coverage is optional, but hopefully you have it. Contact your own insurance company if you are not sure.

Roger Turgeon

Read more
Answered on 9/07/07, 3:20 pm


Related Questions & Answers

More Insurance Law questions and answers in Massachusetts