Legal Question in Insurance Law in Utah

I'm a renter in Utah. The carport attached to my residence fell over (on a virtually windless day) and scraped along my car causing >$6k in body damage. My landlords homeowners insurance is paying to replace the carport, but are only offering to pay half of my damages, claiming that 'a reasonable person would have known that the carport was not safe, and should not have parked under it".
I've lived at the residence for approximately 15 months now, and witnessed the carport stand up to some pretty heavy snow and windstorms, and given the clear skies and calm winds of the day I had no inclination that the carport was unsafe. My landlord claims that he noticed some unusual water leakage after a snowstorm the week prior and notified his insurer but failed to notify any of his tenants.
Is there any precedent for a case like this that I can cite in my letter to the insurance company? Am I at all liable in this case?

Asked on 11/17/10, 8:55 am

Alvin Lundgren Alvin R. Lundgren, L.C.

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0 attorneys agreed

You are not liable, the insurance company is "working" you. Stand your ground and if they refuse to settle, then sue them in small claims court.

Answered on 11/29/10, 7:58 pm

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