Expert: Richard Hixenbaugh - 11/25/2009

Question
Our business is located behind a large truckstop and our driveway leads directly into the parking area. Trucks are always blocking our driveway so we started parking one of our vehicles(1995 Dodge Ram 1500) in the entrance to our driveway. The other night one of the semi's parked next to our truck caught fire and burned to the ground. The driver was able to escape the burning truck and wake the other driver in time to have them move away from the fire. Unfortunately he was not able move our truck. Our truck was severely damaged more then likely a total loss due to the trucks age but yet it is a truck we use daily. The fire company drought the scene under control and put out the fires. The next day, the drivers insurance company came to the scene, assessed it and released the trucks to a local towing company. Today I find out their insurance company, Hartford Insurance, claims its not their problem and that they do not cover 3rd party damage via some clause in the insurance. They claim they didn't start the fire so its not their responsibility to replace our truck. My insurance company never heard of such a thing and since our truck did not have full coverage they could not do anything either.  

Answer
Hi Michael,

That is absolutely rediculous. You should call back the hartford adjuster and tell them you want the name of their boss and their boss's boss. Then ask the adjuster to to provide you with the copy of the section of their insured's policy that states that the policy does not cover your vehicle that was burned up as a result of their insured truck going up in flames.

If they continue to resist your claim or will not show you the policy, then you should file a formal complaint with your State Insurance Commissioner's Office. If they can't help the only remaining option would be to file suit against the truck owner.

I hope this helps
Richard Hixenbaugh