What to do if I live in a townhouse and my neighbor’s space heater overheated causing a fire and the fire deprtment damaged my fton door as a result?

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What to do if I live in a townhouse and my neighbor’s space heater overheated causing a fire and the fire deprtment damaged my fton door as a result?

I was not home and the fire department knocked in my door to verify that the source of the fire was not from my home. No reports were left and by the time I returned home the fire department was not there. I filed a claim through my homeowners and was told if there was no negligence on the neighbors side then I was responsible for the damages to my door. Am I responsible or should this file under the fire department’s insurance since I was neither negligent nor responsible for my door being broken.

Asked on April 17, 2013 under Insurance Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your insurance company is being negligent and showing bad faith in its representation of you as an insured. You need to a) file a complaint against your insurance company with your state insurance department and attorney general, b) file a claim with both your neighbor's homeowner's insurance, the homeowner's association insurance company if there is one and the fire department through the city attorney's office, and c) take as many pictures as possible of all of the damage and get at least three estimates for replacement (door, paint, labor, etc).


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