Legal Question in Insurance Law in Ohio

Long story short, last year I visited my sister in ohio ( im from Florida) to help her with some repairs around the house. During that visit there was a house fire caused by a pit fire out back. Her insurance company is stating I am to fault since I am the one who cleaned it out and supposedly did not store the ashes properly. My sister lives ON a 10+ acre farm and the fire did not start untill 8+ hours after the pit was cleaned. Furthermore On the fire report I was cited as the one being responislbe for the fire, I did not sign this nor did I ever say anything to the like. ALso On the fire report my name is misspelled. I am wondering if this is the same as a police report, where everyhitng must be 100% correctly filled out. Do I have any hope of making this go away? or should I just declare bankruptcy and be done with thie whole long ordeal? My thanks for your time..


Asked on 5/24/10, 4:57 am

1 Answer from Attorneys
Ryan Fisher Lowe Eklund Wakefield Co. LPA

The police report is not necessarily accurate nor is a police report usually admissable in court. The insurance company must prove in court that you caused the fire. This is done through witness testimony NOT reports. If your sister's insurance tries to collect money from you, you need to contact your own homeownres or renters insurance company immediately. Generally these policies provide coverage for you for general (non-auto) acts of negligence. I believe this alleged negligence may very well be covered by your own inurance company. Also your insurance company will defend you and force your sisters insurance company to prove your negligence in court. Don't go rushing to file bankruptcy unless you are found negligent AND there is no insurance policy to pay the damages on your behalf.

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Answered on 5/25/10, 7:18 pm


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