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super1 · Mar 28, 2010, 10:05 AM

Renters car started on fire in driveway causing exterior damage to the front of house and driveway. Renters insurance says tenant did nothing wrong, just parked car in driveway therefore they will not pay for any damaged caused car fire. In renters contract
States, Renters Obligations, The Resident agrees to meet all resident's obligations: Assuring that property belonging to the owner is safeguarded against damage, destruction, loss, removal, or theft. With this in the contract can I ask the tenant to pay for the deductible on my insurance policy and any other costs that I have to pay to get house back to original state.

JudyKayTee · Mar 28, 2010, 10:11 AM

I would certainly ask the renters to pay the deductible. Were they negligent in any way?

As far as other costs - you should receive fair market value from the insurance company. If it is not offered to you then you will have to contact an independent adjuster.

AK lawyer · Mar 28, 2010, 10:29 AM

Originally Posted by super1

Renters car started on fire in driveway causing exterior damage to the front of house and driveway. Renters insurance says tenant did nothing wrong, just parked car in driveway ...

Originally Posted by JudyKayTee

I would certainly ask the renters to pay the deductible. Were they negligent in any way?
...

I think what OP is saying is that the insurance company's adjuster has determined that renter was not negligent. Depending on the wording of the policy, the insurer may not have a duty to pay without negligence. And similarly, with respect to renter's obligation to OP (as I read the paraphrased language), the lease doesn't obligate renter to pay without negligence.

Renters in this situation are probably not liable without fault (negligence) or contract (lease) language providing for liability without fault. It is very difficult sometimes to determine exactly how car fires happen (I know this from personal experience.) :(

It remains to be seen whether a court would find negligence. If I were representing OP in court I would request a res ipsa loquitur jury instruction and force the defendant to show that he/she was not negligent.

JudyKayTee · Mar 28, 2010, 10:43 AM

This is not the first nor will it probably be the last time that an insurance company found no negligence but the Court found enough negligence to award the amount requested.

Whether this goes to Court I would certainly ask the tenant to pay.

It appears to me that the OP's insurance has paid and he/she is asking about the deductible. "can I ask the tenant to pay for the deductible on my insurance policy"

AK lawyer · Mar 28, 2010, 10:56 AM

Originally Posted by JudyKayTee

...
It appears to me that the OP's insurance has paid and he/she is asking about the deductible. "can I ask the tenant to pay for the deductible on my insurance policy"

Seems to be the case all right.

And I believe the question being "can I ask the tenant to pay ... ?" really means, "is the tenant legally obligated to pay?". If so, of course, OP's insurance would be subrogated to everything it paid (thus not including the deductible).

What I am going into is the question of whether tentant is liable and, if so, whether tenant's renter's insurance covers this liability.

JudyKayTee · Mar 28, 2010, 11:08 AM

Originally Posted by AK lawyer

Seems to be the case all right.

And I believe the question being "can I ask the tenant to pay ... ?" really means, "is the tenant legally obligated to pay?". If so, of course, OP's insurance would be subrogated to everthing it paid (thus not including the deductible).

What I am going into is the question of whether tentant is liable and, if so, whether tenant's renter's insurance covers this liability.

And I am not reading anything into the question but answering what the OP asked. Yes, the OP can ask the tenant to pay.

AK lawyer · Mar 28, 2010, 11:14 AM

Originally Posted by JudyKayTee

And I am not reading anything into the question but answering what the OP asked. Yes, the OP can ask the tenant to pay.

Not to beat a dead horse, but-

anybody can ask anybody for anything.

Whether the person asked is obligated to comply is the real question.

Answering the question literally would be meaningless.

ScottGem · Mar 28, 2010, 11:23 AM

There are actually two questions here. The question asked in the subject (is my tenant liable... ) and the question asked in the OP (can I ask my tenant to pay.. ).

I agree with AK, the language in the lease is not a free pass. It requires negligence or willful action on the part of the tenant to make the tenant liable.

On the other hand, just because the tenant's insurer denied the claim, doesn't mean a court will also. The OP can certainly ask the tenant to cover the deductible. Since it was the tenant's property that caused the damage, it would be an ethical thing for them to pay.

But whether a court will support the OP's claim remains to be seen.

Fr_Chuck · Mar 28, 2010, 07:53 PM

Can I ask has anyone made a claim against the renters car insurance, it was what caught fire, and would not the claim be made against the liablity insurance of the car

AK lawyer · Mar 28, 2010, 08:45 PM

Originally Posted by Fr_Chuck

Can I ask has anyone made a claim agaisnt the renters car insurance, it was what caught fire, and would not the claim be made against the liablity insurance of the car

OP said that the renter's insurance denied liability (i.e. "says tenant did nothing wrong"). It's unclear whether this means automotive insurance or "renter's insurance". But good point: claims should be made against both insurance policies.