What to do if my neighbor’s house burned down and their insurer says they are not responsible for my damage?
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What to do if my neighbor’s house burned down and their insurer says they are not responsible for my damage?
I lost 4 vehicles.
Asked on December 12, 2012 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't have to take the insurer's word for it--you can sue the neighbor if you want for your loss, and let the court decide if he or she does owe you compensation. Bear in mind, however, that the neighbor would only be liable (financially responsible) for your loss if the neighbor was at fault in some way in causing the fire or causing it to spread--for example, if the neighbor was negligent in using a space heater, or in leaving a gas stove unattended, or in how he/she used a blowtorch, etc. If the neighbor was not at fault in the first--for example, it was caused by lightning, or by a defective string of Christmas tree lights--then the neigbbor would not be liable and would not owe you compensation. Liability in situations like this depends on fault.
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