Legal Question in Insurance Law in North Carolina

Liability of Car Fire Damage

My car was parked in a church parking lot on Sunday, 11/26 when the SUV parked beside it caught on fire and was completely destroyed. I was able to move my car before extensive damage but have damage to my right passenger side bumper, door, lights, front panel and door guard . I obtained a fire report which listed my exposure & when I contacted the other person's insurance company they told me there is nothing they can do- they nor the car owner is liable and I will have to pay for my own repairs. I did not cause nor contribute to this fire and I have damage to my car. What do I need to do to get the insurance company to repair my car? The claims rep did not even want to take my info of what was damaged until I insisted. Please help me. Thanks


Asked on 12/01/06, 10:28 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Liability of Car Fire Damage

Holy Smoke! Technically speaking, you would have to show that the owner of the burning vehicle was "negligent." The problem is that it may be difficult to prove. You would need to have someone establish the cause of the fire. The owner may have been negligent in the maintenance of the vehicle, the manufacturer may be negligent, and any service-provider may also be negligent. Unless you can prove this, you can't pursue anyone. You might have insurance on your car which covers this. If not, then you may want to see an attorney to discuss the facts further.

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Answered on 12/01/06, 11:36 pm


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