My 85 yr old dad's home is heated by oil and he has an outdoor oil tank. He went away for a few weeks and left his heat on low to make sure the house would stay warm. (it is winter). He returned to find the house cold and no heat. He called & had someone come to see if the furnace was broken and was told it was fine. It was discovered there was no oil. This did not seem right as he was on a schedule with the oil company and he had enough to last him for 2 months and the heat had been on low while he was away (he always does that with no prob) so he had no big use of the oil. The oil company came and checked the level & said "yes it is empty" and filled it again. Once the heat came on he heard a noise and three of his water pipes burst (they had been frozen). The house became cold again. They then discovered that the oil tank had a leak and all the oil (both the former oil & the new refill) had all leaked under the foundation.

His insurance company is handling the clean-up , digging up the foundation etc . My Dad has to be out of his home for the next 4 months. The home insurance coompany wants to sue the oil company for their expenses saying they are negligent and the oil company records even show they put more oil in the tank than the tank actually holds!

They are offering to include my Dad in their lawsuit based on what he has gone through, his age, etc.

My questions are:
1. should I let the home insurance company include my Dad on their lawsuit or file one of my own? (seems easier if they do it but not sure if it is the right decision).

2. what things can I claim for my Dad in a lawsuit(as part of the insurance claim or on my own) other than
-affects the value of the home, landscaping destruction, stress & inconvenience to my Dad, out of pocket expenses
Thanks

Yes let the insurance company handle it. Your dad can only be compensated for expenses incurred as a result.

By the way, I'm a little surprised the insurance company is doing this. There was a lot of publicity close to 10 years ago about the potential of leaks in underground tanks. It was highly recommended that they be replaced with above ground tanks and the underground ones be filled. I had this done on my inground tank about that time. As I recall the oil companies were not being held liable for the problems.

Quote:

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Originally Posted by citylover

My 85 yr old dad's home is heated by oil and he has an outdoor oil tank. He went away for a few weeks and left his heat on low to make sure the house would stay warm. (it is winter). He returned to find the house cold and no heat. He called & had someone come to see if teh furnace was broken and was told it was fine. It was discovered there was no oil. This did not seem right as he was on a schedule with the oil company and he had enough to last him for 2 months and the heat had been on low while he was away (he always does that with no prob) so he had no big use of the oil. The oil company came and checked the level & said "yes it is empty" and filled it again. Once the heat came on he heard a noise and three of his water pipes burst (they had been frozen). The house became cold again. They then discovered that the oil tank had a leak and all the oil (both the former oil & the new refill) had all leaked under the foundation.

His insurance company is handling the clean-up , digging up the foundation etc . My Dad has to be out of his home for the next 4 months. The home insurance coompany wants to sue the oil company for their expenses saying they are negligent and the oil company records even show they put more oil in the tank than the tank actually holds!

They are offering to include my Dad in their lawsuit based on what he has gone through, his age, etc.

My questions are:
1. should I let the home insurance company include my Dad on their lawsuit or file one of my own? (seems easier if they do it but not sure if it is the right decision).

2. what things can I claim for my Dad in a lawsuit(as part of the insurance claim or on my own) other than
-affects the value of the home, landscaping destruction, stress & inconvenience to my Dad, out of pocket expenses
Thanks

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I don't believe the insurance company can "include" your Dad in the insurance company's lawsuit - a party can only sue for that particular party's damages. You cannot sue for damages to another party. The insurance company will sue the oil company for reimbursement of its (the insurance company's) expenses. I'll be surprised if it's not a claim, insurance company to insurance company, instead of a lawsuit.

If the insurance company DOES sue, perhaps they are talking about joining their lawsuit and your father's together at some point in time.

Isn't your father's homeowners insurance going to cover some of his losses, for example, the landscaping? I know my policy covers my living expenses if I am forced out of my house but I would have to take another look to see specifically what that covers.

Scottgem
It was an above-ground tank, not underground

Judy Kay Tee
Maybe they did mean a "claim" I will check
Re. landscaping? I was not sure who would cover it... I was unsure & asking. You could be right I will check

Thanks

Ahhh, Was tank under some sort of cover? But in that case, the deliverer should have noted the leak when the last delivery was made.

ScottGem
No the tank was not covered in anyway & yes the deliverer should have been more aware because the oil was always delivered on a set schedule based on my Dad's normal usage so the tank was not due to be filled again until the end of Feb.

Hello city:

In my view, you stand a much better chance at accusing the driver of not smelling or noticing oil on the ground. THAT stuff should have been obvious.

However, you want him to be responsible for being aware that the tank shouldn't be empty because of past usage and when the tank was filled before... You really think the driver should do that??

Nahhh. That company is lucky to have drivers that can simply fill a tank right. Besides, I don't think it's the driver's responsibility to figure out WHY a tank is empty. It's his job just to fill it.

excon

I agree with excon. First, there was no guarantee the same driver makes the same deliveries month to month. Second, they don't analyze usage. However, the oil company should have noted unusual usage. And the deliverer should have noted the spillage.

So there is a case of negligence to be made against the oil company.