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HUSBAND & WIFE | Landlord wants me to pay damage to house but he has insurance? |
My car burned up in my drive way 2 weeks ago and i didn't have insurance on my car(couldn't afford it). I hardly drove it because of that reason. There was minor damage to the garage door. My question is am I responsible for damage because I don't have insurance. And also I had a guy check out the damage and gave me a quote to fix it, but my landlord went with the higher cost and wants me to pay for it. any advice would be helpful
Additional Details
I know I am mainly responsible for the damage. Plus I didn't know something was wrong with car, and I was going to fix the damage but he got some handyman to fix for a higher price than what I got quoted. |
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fighting saints
|
Let me take a different angle on this one. The one thing nobody else has mentioned is the word negligence. That is what is important here. You have to be negligent for either you or any insurance company to legally owe the landlord a dime. You are NOT automatically negligent for not having insurance or just because you owned the car that started on fire.
Even if you had car insurance odds are they would deny any claim that the landlord made because you to be negligent in order to legally owe. I have denied similar claims like this over the years. If you had no forewarning of potential fire hazards with the car then you probably wouldn't be found negligent.
Keep in mind that whether you have insurance or not the landlord has the legal duty to prove you are negligent. He would have to show that you did something to cause the fire or that you knew of the fire hazard and DIDN'T do anything about. If he sued you he would probably have a tough time doing that. My suggestion is to politely decline to pay and see what he does.
Good Luck |
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Chris C
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Question...how do you know your landlord has insurance?
And even if he does have insurance, his rates may go up when he renews it becuase of your problem, not his.
Either way there is a cost to him for your problem.
My advice, suck it up and pay for it. It's the responsible thing to do. |
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Gambit
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Your landlord would have no problem whatsoever proving negligence on your part, it's your vehicle! Cars do not normally catch on fire unless someone set it on fire (since you never mentioned arson we can ignore this) or the vehicle was in serious need of repair (or if it was new it had a major design flaw), especially if the vehicle wasn't even on when it caught on fire. There isn't a judge on the planet that wouldn't rule for the landlord. The fact they did or did not have insurance is completely immaterial. |
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Lee N
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Two primary issues:
(1) Actual or constructive notice of defect (affirmative defense). If you did not know there was anything wrong with the car (could not forsee the loss) then it is unlikely that there is a reasonable argument of negligence here.
(2) Implied co-insured doctrine. In many states, unless the lease with the landlord has contrary language and it is enforceable, this doctrine makes you an implied co-insured on the landlord's policy. My recommendation is to suggest that the landlord put in a claim on his/her own policy and tell him that they can attempt to subrogate (seek recovery from you). When they do, ask them if this doctrine exists in your state. If it does, then they will not be able to recover from you (basically, part of your rent is construed to cover part of the property insurance on the rental property).
Good luck, dude. :-) |
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mbrcatz
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Not having insurance, does NOT get you off the hook for being responsible for damages you caused.
However, in order for you to be liable for the damages, legally, you have to have contributed some way to the fire. So if it was really an accident, then you are NOT mainly responsible - you'll have to take a look at your lease. Just like if his building caught on fire, you have to see if you assumed responsibility in your LEASE, regardless of fault. |
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kwflamingo
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Why should your landlord be out of pocket because you decided to have no inusrance on your car? Yes, he may have insurance, but his deductible may be higher than the damage and he would have to pay out of pocket. It's you responsibility pay for the damage. Thank God, you didn't have an accident while you were driving your uninsured car and hurt someone. |
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Screavics
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Being it was your car and you didn't have insurance you are legally responsible for it. If you had insurance on the car your insurance company would pay for it.
Also, being it was your car in the driveway and nothing of the landlords it's not likely that the landlord's insurance company would pay for it. |
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Becky D
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Yes, you caused the damage so you should fix it. Next time think about this and get insurance on your car. Especially since you knew something was wrong with the car. |
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Doz
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Your car burned up how? If the fire happened at the house or in the garage and your landlord does have insurance, he can claim it to his insurance. Every state is different. I've watched Judge Judy a lot. I am not a legal expert but home insurance can possibly pay for it. Get quotes from three different places and present them to him. Search for advice on line or google it and you should get some legal advice. |
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Nate W
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Sorry Byron, you're going to pay for it either way. Even if he did file a claim on his insurance, the insurance company would come after you for the damages. I would try to work up some kind of a payment plan with the landlord to pay them back.
FYI- Auto probably wouldn't have paid for this anyway. If you had renter's insurance, it would have paid for this. It's pretty cheap too. Around $100 a year. |
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