Business Owner Suing Me for Asphalt Damage
I’m dealing with an issue after my car was destroyed in the Palisades fire while parked at a local business. My car was considered a total loss, and my insurance company, Progressive, settled my claim. However, now the property owner of the business is claiming that the asphalt and a section of the wall next to my car were damaged and is asking for compensation. He insists that my insurance won’t cover his damages and that he plans to sue me.
I’m seeking advice on what to do next. Am I held liable for the damage to the asphalt and wall? Why wouldn’t his insurance take care of this? Why doesn’t my insurance cover it?
I’m sorry to hear about your situation; that sounds incredibly stressful. Here are a few things to consider regarding your potential liability and next steps:
Determining Responsibility: Generally, liability for property damage caused by fire can be complex. If the fire was caused by your vehicle or if it was deemed your fault, you may be held responsible for damages. However, if the fire was a result of external factors like wildfires, it may be harder to hold you liable.
Insurance Coverage: The property owner’s insurance might not cover damage from a vehicle fire if it determines that the fire was not due to negligence on your part or if it falls under exclusions in their policy. Your insurance may also not cover the damage since it typically covers losses related to your vehicle, not third-party property damage unless you have liability coverage that includes such situations.
Consult Your Insurance: Contact your insurance company to discuss the situation. They can provide guidance on whether your liability covers damage to the asphalt and wall, and they may also offer assistance with the owner’s claim.
Legal Advice: It might be wise to consult with a lawyer who specializes in insurance or liability cases. They can help assess your situation and advise you on how to proceed, including how to defend against the lawsuit.
Document Everything: Keep a record of all communications with the property owner, insurance companies, and any other relevant parties. This documentation may be important if the case goes to court.
Consider Settlement Options: Depending on the circumstances, you might consider negotiating a settlement with the property owner if it seems like a reasonable option.
Overall, understanding the specific details of your case and speaking with professionals will be key in navigating this situation. Good luck!