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Old 04-27-2016, 04:01 PM
 
1 posts, read 1,766 times
Reputation: 10

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Back in 2014, June 18th; my apt was caught on fire. It was accidental, cause by leaving a candle lit. My roommate and I went out to do some laundry and came back to our apt smoking up. We called 911 and our landlord to figure things out. Our landlord said that he knew we are good people and it was an accident but to be careful next time. So we thought he understood and he didn't charge us for anything. April 27th 2016 , I get a call saying we had a claim made against us and we owe over 50K. I'm a 21 yr old and my roommate is a 24 yr old, we had no clue what renters insurance was, didn't even knew there was such a thing. We didn't even know that insurers can come back to file a claim on us about paying them back and apparently this is called subrogation? Now I read up on renter's insurance and it states that it only covers for damaged/theft for PERSONAL belongings. It replaces them basically and as I recalled, the collectors calling had stated that if I had renters insurance, the insurers would have not filed a claim against me. Hmm.. that kinda doesn't make sense, since I am just a tenant and not the Property Owner..? Another thing that kinda makes me question, my landlord stated that he knew it was an accident, the fire dept. putting it under as an accident, wouldn't that be our Waiver of Subrogation? A lot of things are not adding up and I need some clarification please! Also, the attorney firm whom the insurer filed a claim through said that we only have til the end of this month to come up with 3k in order to put a down payment...which is in 3 days..
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Old 04-27-2016, 04:14 PM
 
Location: Ohio
5,624 posts, read 6,842,850 times
Reputation: 6802
You should never rent without renters insurance. In fact, MOST places make you show proof of it before renting. Its so cheap to get.

The owner has his own insurance on the building.

Just because HE said it was an accident, doesnt mean HIS insurance thought it was.

----------
This has nothing to do with parenting, except that your parents clearly didnt teach you about being a responsible adult.
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Old 04-27-2016, 04:16 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
Yes... it happens and it happened to my long term tenants...

On Super Bowl Sunday he was frying fish in the Kitchen and went into the living room to see the instant replay with his guests... stayed to long and the result was a grease fire that did about 10k damage.

My insurance paid for the repairs less my $500 deductible and then sued my tenants for the $9,500 who eventually filed bankruptcy.

It was an accident... no one wanted to set the home on fire... but, the adult tenant was NEGLIGENT and therefore responsible for his actions.

It did not end well for me either... because they left owing money when they filed BK AND my Insurance declined to renew due to the loss...
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Old 04-27-2016, 04:17 PM
 
Location: Raleigh-Durham NC
902 posts, read 1,104,704 times
Reputation: 1333
Quote:
Originally Posted by veuvegirl View Post
Ask to have your thread move to the renting forum. Did your landlord have insurance? That is what would cover a fire.
not so fast, most Landlords require renters insurance for a reason, for the liability coverage

renters insurance covers the tenants possessions, but it also covers the tenant in the event they are negligent and their negligence causes a capitol loss

such as in this case, the tenant(s) is/are clearly negligent

OP: you have a major problem and you need an Attorney
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Old 04-27-2016, 04:29 PM
 
Location: Raleigh-Durham NC
902 posts, read 1,104,704 times
Reputation: 1333
Quote:
Originally Posted by NadyChan View Post
Back in 2014, June 18th; my apt was caught on fire. It was accidental, cause by leaving a candle lit. My roommate and I went out to do some laundry and came back to our apt smoking up. We called 911 and our landlord to figure things out. Our landlord said that he knew we are good people and it was an accident but to be careful next time. So we thought he understood and he didn't charge us for anything. April 27th 2016 , I get a call saying we had a claim made against us and we owe over 50K. I'm a 21 yr old and my roommate is a 24 yr old, we had no clue what renters insurance was, didn't even knew there was such a thing. We didn't even know that insurers can come back to file a claim on us about paying them back and apparently this is called subrogation? Now I read up on renter's insurance and it states that it only covers for damaged/theft for PERSONAL belongings. It replaces them basically and as I recalled, the collectors calling had stated that if I had renters insurance, the insurers would have not filed a claim against me. Hmm.. that kinda doesn't make sense, since I am just a tenant and not the Property Owner..? Another thing that kinda makes me question, my landlord stated that he knew it was an accident, the fire dept. putting it under as an accident, wouldn't that be our Waiver of Subrogation? A lot of things are not adding up and I need some clarification please! Also, the attorney firm whom the insurer filed a claim through said that we only have til the end of this month to come up with 3k in order to put a down payment...which is in 3 days..
these "Collectors" that are calling....... do they claim to have a "Judgement" against you?

If so then this case went to court in your absence.... and you lost......... very common

if this is the case you should have been "served" a long time ago.... did this happen?

the Attorney that you need may be a Bankruptcy Attorney
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Old 04-27-2016, 04:33 PM
 
Location: here
24,873 posts, read 36,164,079 times
Reputation: 32726
I'm not a lawyer, but I believe renters insurance only covers the contents of the apartment. The landlord should have insurance on the structure. It doesn't seem like you should have to pay except to replace your own stuff and maybe the landlords deductible.
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Old 04-27-2016, 04:34 PM
 
Location: here
24,873 posts, read 36,164,079 times
Reputation: 32726
This may be the landlord's insurance co coming after you because the loss was your fault.
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Old 04-27-2016, 05:55 PM
 
Location: Myrtle Creek, Oregon
15,293 posts, read 17,678,616 times
Reputation: 25236
Quote:
Originally Posted by azsportpilot View Post
these "Collectors" that are calling....... do they claim to have a "Judgement" against you?

If so then this case went to court in your absence.... and you lost......... very common

if this is the case you should have been "served" a long time ago.... did this happen?

the Attorney that you need may be a Bankruptcy Attorney
The fire was less than 2 years ago. The insurance company has over a year left to file for damages and get a judgment.
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Old 04-27-2016, 06:05 PM
 
Location: Myrtle Creek, Oregon
15,293 posts, read 17,678,616 times
Reputation: 25236
Quote:
Originally Posted by Kibbiekat View Post
I'm not a lawyer, but I believe renters insurance only covers the contents of the apartment. The landlord should have insurance on the structure. It doesn't seem like you should have to pay except to replace your own stuff and maybe the landlords deductible.
Renter's insurance should also cover liability. Starting a fire is a whopping liability.
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Old 04-27-2016, 10:02 PM
 
314 posts, read 237,212 times
Reputation: 456
the landlords insurance is coming after to collect, it wasn't the insurers fault but yours. this is done regularly. The insurance paid, but now they are trying to collect money from whom they think is responsible. Do you have any cosigners? Your in college, leaving a candle on and burning the place down is your responsibility as well as anyone that is on the lease/ co signer. I would consult an attorney, more likely than not you can settle for a much lower amount with payment than if you went through court and have gotten a judgment. An insurance company is more than likely going to try and get a judgment especially for 50k.
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