Expert: Anne - 12/13/2007

Question
In the parking lot of my apartment complex there was a car fire that spread to 8 other cars in minutes.  One car had very little damage, my girlfriends car had lots of heat damage on the rear passenger side areas with the rear window gone and both windows on the sides from being next to the original car that caught on fire but down wind.  The other cars were totally destroyed including my girlfriends sister who lives in the build.

Now her car is currently uninsured because it needs repairs to the break system. Even if it was insured it would be only min coverage.

Ok, the question is does the original car who started the fire liable for repairs to the other cars?  If it was arson which there is a good chance it was knowing this neighborhood does that remove their liability?

n

Answer
Boy Mike, Sorry to hear about your loss.

Negligence and Liability can be remove because of arson. However, we are not sure that the first vehicle had any liability to being with. You would have to show that the were negligent in someway, and in fire losses that is hard to do.

What did they do wrong to cause the fire? Not keeping maintenance of the vehicle will not be enough (usually there is not enough causation). Fire losses are usually (99%) considered "Acts of God" and they are covered under comprehensive coverage, meaning no one was at fault.

Even if you can put liability on them, there might be not much you can do if there was arson, only catching the person and making them pay.

We are sorry to hear this happened.

Good Luck

CQ, J.D. (Juris Doctor).
http://www.auto-insurance-claim-advice.com