If your neighbor’s fire spreads to your home and causes damage, can you sue the property owner for fire damage to your home? Under certain circumstances, you can sue the neighbor, especially if negligence caused the fire damage. You must gather evidence, understand your homeowners insurance policy, and navigate legal action.
Let’s take a look at your rights if a neighbor’s house fire impacts your home, too.
Causes of House Fires
House fires can start from multiple causes…. from faulty electrical wiring to arson. Or maybe your neighbor falls asleep with a lit cigarette, causing the fire. If you want to sue your neighbor for fire damage, it’s important to understand liability. Liability refers to an individual (or entity) being held responsible for his or her actions that impact others. You must prove your neighbor’s fault through evidence to seek compensation.
A neighbor’s liability can arise from:
- Negligence over the handling or storage of flammable materials
- Electrical malfunctions within their home or appliances
- Unauthorized burning of materials
- Lack of property maintenance
Contact Your Own Homeowners Insurance Company
The first thing you should do in case of fire damage in your home (after, of course, making sure everyone is safe) due to a neighbor’s fire is to contact your insurance provider. Your insurance company’s adjusters, fire investigators, and authorities will want to know what caused the fire. They will collect evidence, talk to witnesses, and provide property documentation. They will also closely examine burn patterns, analyze the damage, and collect evidence from the scene to piece together the events leading up to the incident. If a neighbor or property owner is proven to be liable for the fires, seek legal counsel to file a lawsuit.
Why Legal Counsel Is Important
Dealing with insurance policies and negotiating with insurance companies can be challenging. Yet it’s critical to ensure you receive fair compensation. In some cases, seeking the guidance of a legal professional specializing in property damage and insurance claims is a smart move to safeguard your rights and advocate for your needs.
Your homeowners insurance company pays for the property damage up to your policy’s limit for the building and your limit for personal property. Ensure you create a detailed inventory of all items damaged or destroyed, including furniture, appliances, clothing, and sentimental possessions. Take photos using your phone, and assign a value to each item. Collect any available receipts or paperwork to support your claims.
If someone was hurt due to the neighbor’s fire and you incur medical expenses, you will also want to be reimbursed. Your homeowners’ insurance company is responsible for covering these medical expenses. An experienced attorney can help guide you through this process and ensure you provide all the necessary documentation to your insurance provider.
What About Your Neighbor’s Insurance?
If your neighbor is found responsible, your homeowners insurance company will work to recoup its expenses from the neighbor’s insurance company. This process is called subrogation.
The amount of compensation will vary depending on the severity of your case, which is why it’s also essential to seek legal counsel.
What If Your Compensation Falls Short of the Damages You Incurred?
Should your settlement fall short of covering your losses, consider taking legal action against your neighbor. Again, you must prove your neighbor’s negligence and liability by involving legal expertise. Demonstrating your neighbor’s responsibility consists of having evidence that they failed in their duty of care and that this failure directly caused the fire.
“Duty of care” refers to the level of responsibility a person owes to their neighbor, ensuring their safety at all times. Practicing duty of care includes taking preventive measures against fire damage.
To build a strong case, gather as much evidence as possible, which you did at the outset. This is why having legal counsel is so important. When taking legal action against your neighbor, you need witness statements, photos or videos documenting the damage, fire department reports, and any other records that establish your neighbor’s fault.
An experienced personal injury attorney can be your advocate, reviewing your case, evaluating the strength of your evidence, and advising you on the most effective course of action.
Working with an Experienced Attorney
Having an experienced insurance claim attorney working on your behalf will help you understand your legal rights, negotiate with insurance companies, and represent your interests in court if necessary, providing you with the peace of mind that someone is fighting for the compensation you deserve.
The attorneys at Ronemus & Vilensky have the legal experience to navigate your insurance claim and help you determine liability and the compensation you deserve in the event of a fire involving your neighbor’s negligence. Contact us for a free consultation.
