[RhondaKM]

My father was cutting a pipe for his garden fence and a spark caught the grass on fire. It took the volunteer fire department quite a long time to get there and the fire spread to the neighbors boat dock. The neighbors called the Sheriff and said that my father intentionally set the fire and did $100,000 in damage. The dock cost $6,000 to build about ten years ago. Their insurance company has contacted my father and said that they are going to pay the claim and then pursue him for the money. The only asseste my parents have are their home and car. They have no money and no insurance. The insurance company can not put a lien on their home or car can they?

[JudyKayTee]

In Texas the homestead is exempt as are a vehicle, livestock, a few other things.

If this was an accident why isn't your father fighting the insurance company's decision - and I assume your father does not carry homeowner's insurance.

[AK lawyer]

...
If this was an accident why isn't your father fighting the insurance company's decision ...

An accident, but it does appear that it may have been negligent.

Until he is sued, what's to fight?

... The insurance company can not put a lien on their home or car can they?

If they sue him and get a judgment against him, they can do a number of things to collect:

• lien on home
• writ of execution to seize car, bank accounts, etc.
• wage garnishment
• etc.

And as JudyKayTee wrote, there are exemptions that may apply.

But they have to prove negligence and damages first. How do they figure that a dock built for $6,000 is suddenly worth $100,000?

[RhondaKM]

This just happened last Monday and the insurance company has just recently contacted him. The deputy who came out to talk with him and take photos laughed about their claim that $100,000 of damage was done because he actully was the one who built the docks. My father had planned on borrowing money from us to pay the deductible but I advised him to not speak to the people again once I learned of what they had done. I took pictures of the docks and the burned saw that he was using. The docks need new decking and floats but the metal poles and roof are intact.

My parents have not had home insurance in over twenty years. They have less than $1,000 in their bank account and no savings account. They receive a pension from the post office. We were mainly concerned about them trying to go after the house but I did not think they could do that in Texas. My father is so upset over this that I afraid he might have another heart attack. He is 79 years old and is not in the best of health.

[AK lawyer]

... My father had planned on borrowing money from us to pay the deductible but ...

He does understand that, if the insurance company pays to repair the dock and sues him, it will seek the entire amount of damage, not just the deductible?

... ... My father is so upset over this that I afraid he might have another heart attack. He is 79 years old and is not in the best of health.

Tell him not to worry, at least until if & when the neighbors &/or the insurance company decide to file suit. As you know, the homestead exemption probably protects him, so under those circumstances there is little to be achieved by bringing suit against him.

[RhondaKM]

Yes he knows that they are going to try to recover all losses now. When he first spoke to the neighbors he did not know that. Hopefully when they realize that there is no money and no insurance they will not pursue any legal action.

Thank you all for your replies.

[Fr_Chuck]

He should not pay anything, nor admit any guilt, and the insurance company they have could care less that he has no money, they will sue and just get a garnishment to wait for him to maybe have money and take what they can when they can.

He needs to get a copy of the police report and the fire dept report,

If it is an accident he denies any and everything and let it go to court if they decide latter to sue.