Anonymous wrote:Was it an act of god or a defect? An act of god is a lightning strike. If the car caught on fire because the wiring was bad or because of the electric battery, that is not an act of god.

But that does not mean the owner of the other car would be deemed at fault for the defect. If something was wrong with the wiring but the owner would have no reason to know about it before the car caught fire, then the owner generally will not be found at fault because they were not negligent. Liability coverage is typically triggered for accidents for which the insured is legally liable. Sometimes shit just happens without it being someone’s fault. What if a squirrel chewers through a wire - are you going to sue the squirrel?

This is why many states have no fault insurance.

Also, people have car insurance that doesn't cover their own car? This sounds like a very budget policy. If the OP hit me with her car, i'd love to see how much coverage they have. I'm guessing it is very low limits. And then i'm coming after the OP's personal assets....

Anonymous wrote:

Anonymous wrote:Sue.

Probably waste of time. How is OP going to prove negligence of the car owner? OP will have the burden of proof. There will be no discovery because it will be in district court or the equivalent. Just because the car caught on fire doesn’t mean there is negligence on the part of the owner. No attorney will take this on contingency.

Depending on OPs car, it may end up in a circuit court with discovery. The problem is that OP will need to find and pay an expert witness

Anonymous wrote:Sue.

Probably waste of time. How is OP going to prove negligence of the car owner? OP will have the burden of proof. There will be no discovery because it will be in district court or the equivalent. Just because the car caught on fire doesn’t mean there is negligence on the part of the owner. No attorney will take this on contingency.

Sue.

Anonymous wrote:You gotta keep calling and bugging them. Keep asking to escalate and speak to a manager. You gotta make it too difficult for them to brush you off, to make it that they'd rather pay you off then to have to keep dealing with you. Don't let them bully you.

A car exploding in a fire is not an act of god! A wildfire, a hurricane, a flood, sure. That car exploded because of an issue with the car.

Unless it is a small insurance agency, they won't care. All you are doing it bugging the tier one customer service reps, e.g. those CSRs who have absolutely no power to grant you anything. And for most of them, it doesn't even bother them because they are there and getting paid their hourly rate whether they talk to you or not. And most of the people who call are already hot, bothered and upset, so you're one of many to them.

This is one of the reasons why you have comprehensive insurance instead of just liability. When there is something that it outside of your control that happens to your property, an insurance agent for a comprehensive policy is responsible for contacting, bugging, and negotiating with the other insurance company or the other vehicle owner. Additionally they have lawyers on staff for your insurance company to press legal issues against the other insurance company or the other vehicle owner.

In this case, without comprehensive insurance, your only real recourse is to hire a lawyer who will do what you would normally rely upon an insurance agent/agency to do for you. Which, in this case, is to contact and press legal recompense for damage caused by their client. If you can't or don't want the cost of a lawyer, then it is your responsibility. As I mentioned above, this is why people pay the premiums for comprehensive insurance. You bet you wouldn't need it and you lost.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:if your car or your house catches my car or my house on fire, it IS your fault and my insurance shouldn't come into play.

Oh man, I want to hear the legal reasoning behind this.

NP, for a house it would be worth the insurance companies time to find the cause of the fire. If it's a maintenance issue or an open recall (odds are very good it's one of the two), it would be worth it for them to after the owner. For a totaled car, it isn't worth anyone's time unless you're talking about a very nice car

If it was a really nice car, OP would have comprehensive. Given that OP doesn’t it’s pretty unlikely that an attorney would take this on contingency.

You will need to take the vehicle owner to court. But as PPs have said, you should have your own insurance in future.

Anonymous wrote:

Anonymous wrote:In the future I recommend getting better insurance.

OP needs to get comprehensive insurance to cover this type of incident.

I have to agree that this is the best solution for your situation.

Even though my car is ten yrs. old + already paid off - I still have full coverage for peace of mind, etc.

I have it for if my car is stolen or damaged, etc.

Because in many cases, insurance companies do not like paying up unless they are forced to.

I am sorry that this occurred OP.
What a true bummer! 😕

Anonymous wrote:

Anonymous wrote:if your car or your house catches my car or my house on fire, it IS your fault and my insurance shouldn't come into play.

Oh man, I want to hear the legal reasoning behind this.

NP, for a house it would be worth the insurance companies time to find the cause of the fire. If it's a maintenance issue or an open recall (odds are very good it's one of the two), it would be worth it for them to after the owner. For a totaled car, it isn't worth anyone's time unless you're talking about a very nice car

In addition to bugging their iSundance, tRyan complaining to your state surance regulatory agency

Anonymous wrote:This is not an act of god. That would be if it got struck by lightening nor from a spark from an electrical cable turned loose in a tornado or hurricane. Otherwise I am not sure how fire acts of god occur.

Get your car insurance involved, they should be fighting for you. Otherwise get a lawyer. This is exactly what they are for.

OP doesn’t have comprehensive coverage. There is nothing for them to fight for on her behalf since they won’t have to pay out anything.

Anonymous wrote:if your car or your house catches my car or my house on fire, it IS your fault and my insurance shouldn't come into play.

Oh man, I want to hear the legal reasoning behind this.

This is not an act of god. That would be if it got struck by lightening nor from a spark from an electrical cable turned loose in a tornado or hurricane. Otherwise I am not sure how fire acts of god occur.

Get your car insurance involved, they should be fighting for you. Otherwise get a lawyer. This is exactly what they are for.

You gotta keep calling and bugging them. Keep asking to escalate and speak to a manager. You gotta make it too difficult for them to brush you off, to make it that they'd rather pay you off then to have to keep dealing with you. Don't let them bully you.

A car exploding in a fire is not an act of god! A wildfire, a hurricane, a flood, sure. That car exploded because of an issue with the car.