Advice: Neighbor's Garage Burns, Damaging My Property and Vehicle, Their Ins Balks

[dynasty_v6]

Wise SVT Performance members, what would you do?

My neighbor always treated side of his garage as a dumping ground for us to look at. We've never had much luck developing a relationship with them possibly due to them being much older than us.

While I was at work his garage burnt down. My neighbor was in his garage minutes before it burn down. The fire damaged my garage and melted the crap out of my jeep (liability insurance) effectively totaling it out.

Their insurance company wrote me a short letter stating: The cause of the fire was unable to be determined. We do not believer our insured is negligent and therefore, would not be liable for injuries or damages you sustained.

I did pull the fire report, and the cause was not determined. Their insurance company stated the only way they would pay out is if my neighbor started the fire themselves. I do not have much of a relationship and I'm out the $1000 deductible on my home owners insurance and my vehicle value of about $2700.

I see they made bank on the garage and already bought another new car.

My insurance company just notified me that they finished the arbitration process and has given up an further recovery.

I want to be the good guy in this, but his wife did say their insurance company would take care of us. The did get cc'ed in the letter that their insurance company would not pay and did not talk to me about it.

I'm thinking of writing them a letter and see if they'll give me anything. I'm not sure if I would have a chance in small claims court. Someone mentioned using the good neighbor law, but I can't find any record of such in North Dakota.

What would you do?

 

[2000gt4.6]

Time to hire a lawyer. Oh, and dump your insurance company. Not willing to go to bat for you, screw em.

 

[dynasty_v6]

Time to hire a lawyer. Oh, and dump your insurance company. Not willing to go to bat for you, screw em.

I have State Farm, I don't know if legally they can do anything...

 

[GOTSVT?]

Lawyer up asap

 

[jbs$]

Your claim for damages appear to be against his insurance company, not yours. Lawyer up is Good advise.

 

[SID297]

So you are out of pocket ~$3700? If so, you don't need a lawyer. The jurisdictional limit for small claims court in ND is an unusually high $15,000. Document all your expenses resulting for the fire and sue them in small claims court. You should easily win.

- A Lawyer

 

[musclefan21]

So you are out of pocket ~$3700? If so, you don't need a lawyer. The jurisdictional limit for small claims court in ND is an unusually high $15,000. Document all your expenses resulting for the fire and sue them in small claims court. You should easily win.

- A Lawyer

/thread

 

[Junior00]

So you are out of pocket ~$3700? If so, you don't need a lawyer. The jurisdictional limit for small claims court in ND is an unusually high $15,000. Document all your expenses resulting for the fire and sue them in small claims court. You should easily win.

- A Lawyer

Completely agree, isn't the norm 10k for small claims? I'd bet that the OP's insurance is figuring court costs would cost more themselves than the amount to replace his siding, taking into account he's also having to pony up the deductible. They aren't worried in the least about the Jeep since it was liability only and won't have to pay out anything.

I honestly don't understand why their homeowner policy won't pay though as I thought it included anything that might cause damage to a neighboring property. Maybe a backdoor deal between both party insurers to keep out of pocket costs down?

 

[oldmodman]

File suit at once.

No attorney required in most small claim matters. Here in California I can file for 15K without having to go into "real court"

And it is generally very easy to win if everything is as you described.

Maybe you should go down to small claims court and just sit in the audience and listen to a few cases. I found it quite interesting. Whenever a big company sent down an attorney to represent them the judge looked upon their statements very sceptically. Most "little guys" won their suits. Now collecting is another matter. But since your property was damaged by their property. It would be very east to put a lien on their house for the judgement.

 

[truefiveo]

So you are out of pocket ~$3700? If so, you don't need a lawyer. The jurisdictional limit for small claims court in ND is an unusually high $15,000. Document all your expenses resulting for the fire and sue them in small claims court. You should easily win.

- A Lawyer

This!
You got this case in a bag...just don't delay and get the ball rolling now!

 

[dynasty_v6]

I'm thinking of sending them a letter first with delivery confirmation and see if they'll pay prior to going to smalls claims court. I don't think they'll respond and that will give me more favor in court.

He's quiet, generally he'll run away if you try to talk to him, so I don't think he'll do well in court.

 

[Tx5811]

So let me get this straight... You are going to sue an elderly couple, for something that wasn't proven to be their fault and it's only over 3 grand? Am I tracking here? Nice... And they're only income is social security. I'd say just suck it up op and let bygones be bygones.

 

[dynasty_v6]

Lol, where did I say they were elderly, they're too young for social security. ..

 

[LS2GTO]

So let me get this straight... You are going to sue an elderly couple, for something that wasn't proven to be their fault and it's only over 3 grand? Am I tracking here? Nice... And they're only income is social security. I'd say just suck it up op and let bygones be bygones.

Uhh not everyone is a big baller like you to just take a $4,000 hit and walk away like nothing happened. That kind of money is nothing to sneeze at.

Guarantee you that if a poor elderly couple as you put it walked into your house and just took 4k out of your pocket you wouldn't just say "oh well, let them have it".

 

[ashleyroachclip]

I believe Said gave you what you need.
And remember , you are entitled to court fees as well when you file your claim.

 

[truefiveo]

So let me get this straight... You are going to sue an elderly couple, for something that wasn't proven to be their fault and it's only over 3 grand? Am I tracking here? Nice... And they're only income is social security. I'd say just suck it up op and let bygones be bygones.

Quit trolling.....:bored:

 

[Sinister04L]

I'm thinking of sending them a letter first with delivery confirmation and see if they'll pay prior to going to smalls claims court. I don't think they'll respond and that will give me more favor in court.

He's quiet, generally he'll run away if you try to talk to him, so I don't think he'll do well in court.

Here that is actually a requirement before going to small claims.

 

[Regulars520]

So let me get this straight... You are going to sue an elderly couple, for something that wasn't proven to be their fault and it's only over 3 grand? Am I tracking here? Nice... And they're only income is social security. I'd say just suck it up op and let bygones be bygones.

Uhh not everyone is a big baller like you to just take a $4,000 hit and walk away like nothing happened. That kind of money is nothing to sneeze at.

Guarantee you that if a poor elderly couple as you put it walked into your house and just took 4k out of your pocket you wouldn't just say "oh well, let them have it".

Driving a 08 Infiniti and a 13 Busa, seriously doubt he is a baller.
Edited by 694, this isn't SD.

 

[Kevins89notch]

So you are out of pocket ~$3700? If so, you don't need a lawyer. The jurisdictional limit for small claims court in ND is an unusually high $15,000. Document all your expenses resulting for the fire and sue them in small claims court. You should easily win.

- A Lawyer

Yup. As stated/suggested, send them a certified letter nicely asking for the funds first. When they ignore, they file a small claims suit.

 

[YJSONLY]

Take pics of it all and before if you have them. Go see judge Judy if you have too!