Legal Question in Civil Litigation in Washington

Third party liability for home contents damage

There was a fire in my building and my property got damaged.

The fire was caused by one of my neighbours accidentaly according to the authorities.

Are they liable for the damage I suffered?

I have made a claim under my own renter's insurance.

However I am wondering if I should have made it against my neighbour's insurance or sue them for damages if they don't have insurance.

Also I have to pay the deductible of this claim. What would be the best way to recover this expense? The insurance company tells me that once my claim process is over, they will try to get compensation from my neighbours and they will include my deductible in their claim. If they are successful they will return me the deductible. What happens if they are not? can I take this to the small claims court and sue my neighbours for the deductible? or is there another alternative? What should I do to prepare for such claim?

Thank you.


Asked on 4/09/04, 3:26 am

1 Answer from Attorneys

Dan Harris Harris & Moure, pllc

Re: Third party liability for home contents damage

If your neighbor did cause the damage to your apartment, there is a very good chance that if you were to sue them, they would be found liable for the damage. It seems that at this point, your own insurance company is seeking to collect from your neighbor and/or your neighbor's insurance company. You should be sure to monitor this situation closely with your own insurance company and if it appears they are not acting expeditiously, you should consider retaining your own lawyer or pursuing the action on your own. At all times, keep in mind that there is a statute of limitations that will prevent you bringing a claim directly against your neighbor if you do not do so in a timely manner. You should find out what the statute of limitations is on such a claim and make sure you file within that time. If you end up getting everything but your deductible and your insurance company does not increase your premiums, you should balance the value of suing your neighbor against the problems that will occur at your apartment if you do.

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Answered on 4/09/04, 10:11 am


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