by corona7w » Mon Sep 17, 2007 01:55 am
My apartment unit just caught on fire yesterday, and only the entire kitchen burned down, everything else is covered with soot, and there are couple smoke damages on the wall. I don't think my family bought the renter's insurance. But the landlord, who owns my apartment unit and many other, has insurance. If the insurance company decides the fire is my fault, they'll fix everything first and then ask me for money. But will I be allowed to hire people to install a new kitchen and restore everything myself without going through the home fire insurance company? I know it costs a lot more to have the insurance company to restore everything. Please provide me as much info as possible. I am in a rather desperate situation.
Posted: Mon Sep 17, 2007 03:47 am Post Subject:
How the repairs are handled is up to the owner (your landlord). If he/she wants to work something out with you, that is between you both. The home fire insurance company only pays for the loss... they don't control the repairs themselves.
I doubt your landlord would want you to hire people to repair his/her property damage. No offense but a tenant would most likely just have it repaired as cheaply as possible. Probably not what the landlord is looking for.
Posted: Mon Sep 17, 2007 06:14 am Post Subject:
Hi corona7w, first, welcome to the forums. Second, I empathize with you. As tcope has rightly mentioned, the landlord may or may not agree to let you fix the damages. But the landlord's policy will only cover the structure of the house and not the furnishing or any of your belongings. Therefore, even though he repairs the structure you will be responsible for the damages to your stuffs. And as you don't carry the renters policy you will be required to pay it from your pocket which won't be a very little amount I guess.
Juanita
Posted: Mon Sep 17, 2007 06:56 am Post Subject:
If you suspect that the home fire insurance company is going to held you responsible for the fire, you better start fattening your purse. In all likely probabilities the homeowner is not going to let you fix the damages. But you can always negotiate with the landlord. So, ask him about his stance.
However, I'll suggest, take it as a lesson and purchase the renters policy to avoid being in jam in the future. PearlS
Posted: Mon Sep 17, 2007 11:32 am Post Subject:
Sorry about the fire Corona, and glad no one was injured. You say,
''I don't think my family bought the renter's insurance."
, does this mean you are a minor and live with your parents? Who's name is on the lease? Why do you think that 'you' will be held responsible for the fire and the resulting damage?As the prior post by tcope states, the owner of the property is the one that decides how to or who will repair it, and to what degree. And to be honest, I'm not so sure that a renters policy would've helped you in that regard anyway. (repair to the structure, what do you think tcope, if memory serves there are exclusions in the liability section regarding the premises owner)? It would've of course replaced your personal property that was damaged by fire, but that of course is the least of your worries at this time. And of course the smoke damage etc, to adjoining tenants personal property is another concern.
If you are subrogated for this fire loss, don't forget that the landlord, (or their insurance company) may not be the only one looking for payment/relief, (aforementioned tenants).
I think your wisest course of action is to first determine if indeed you can be held responsible, then offer up a payment plan to the insurance companies involved. All home fire insurance companies that I am aware of allow this in subrogation claim. (As a side note most companies also will discount the sub demand for full payment, in other words, if the damage is 5k, and you can make/agree to 25.00 per month payments forever- or could pay them 3k in a lump sum many times they will take this discount lump sum in satisfaction to close it out-worth a thought).
Good luck to you, and again, so glad there were no injuries.
Posted: Mon Sep 17, 2007 03:07 pm Post Subject:
(repair to the structure, what do you think tcope, if memory serves there are exclusions in the liability section regarding the premises owner)?
I think that only applies to the Personal Property section of the policy, this would be liability. I handled a claim where a home owner (H.O. policy) was temporarily renting an apartment (because their son burned down the their house) when the son (imagine that) burned down a shed on the rental property. That was covered. I can't see the renters policy excluding liability coverage for a dwelling your living in as this would be 90% of the claims. But again, I don't know for sure.Posted: Mon Sep 17, 2007 03:12 pm Post Subject:
We had a similar event happen. Woman was cooking, fell asleep. Clearly the fire was her fault. Our insurance still covered it. I guess we could have gone after her for damages, but what's the chance she has $174,000 which was what it cost to rebuild the units she burned down?
When you rent, you take that chance. I rented for 8 years before I bought a home. I never had renters insurance. I felt it was not necessary.
I've never heard of a landlord going after a tenant for causing a fire unless it was arson. Accidents happen. It's why I have only a few rental homes and will NOT rent to anyone with chidlren or anyone who wants children. Children cause more fires than adults do IMO.
Post edited and link deactivated as per forum rules, thanks.
Posted: Mon Sep 17, 2007 10:59 pm Post Subject:
DDH- That may not help this person, what you suggested. Didn't I read in another of your posts that you weren't from this country?
If that is true- What was allowed there, may not work here- I may be wrong -just a wild guess..KAren!
Posted: Tue Sep 18, 2007 12:18 am Post Subject:
You are 100% correct Karen, I've been looking and guess what?
Posted: 10 Sep 2007 11:05
Well here in the UK
Four hours a world record move to Florida;
On Posted: 17 Sep 2007 15:23
Maybe, I think this is just the insurance game here in Florida, USA
And we're back out the country again;
Posted: 10 Sep 2007 08:50
I cant understand why the home of the free doesn't have a national health service similar to our one.
Not to mention the fact I have never in my life heard anyone in this country say they were from Florid(a), USA !!
Looks to me like 'life' has made another appearance, perhaps Lakemen should be aware?
Posted: Wed Dec 26, 2007 02:32 am Post Subject:
Sorry to be replying a little late. I was doing a legal research on the subject and I feel that I should comment in this thread. The OP's question depends on the state that the leased premise was located in and the terms of the lease agreement. Currently, there are 3 approaches to deal with this situation
1. The tenant is considered a "co-insured" on the landlord's insurance policy unless the lease explicitly states otherwise. This approach is adopted in about 12-15 states including Oklahoma, Washington, Massachusetts, Utah, New Hampshire, ND, Connecticut, Maine, Tennessee, Michigan, Nevada and Alaska. Insurance companies will be denied subrogation action to go after the tenants in these states. This rule is also known as the “Sutton rule.”
2. A case-by-case approach by looking at the terms of the lease agreement and other evidence to determine whether the landlord intended that the tenants be responsible for negligent damages. For example, if the lease says that the tenant must purchase insurance or that the tenant is responsible for negligent damages, the tenants are screwed. Courts can also look at other evidence such as whether the landlord ever told the tenant that he did not need to get a separate insurance policy for the building. This is the approach taken by the majority of the states.
3. The tenant is de facto liable for all negligent damages. This approach is taken by a very few states including Wisconsin, Oregon, Colorado, Kentucky, Iowa and Rhode Island.
Regards,
CC
Posted: Wed Dec 26, 2007 03:09 pm Post Subject:
Nice info CC. Why dont you sign up and become a part of the community. I am sure you would be of great help to the other members and the general people.
Thanks,
Andy
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