If my car was damaged in a parking lot from the car next to me catching on fire, what kind of action could I take?

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If my car was damaged in a parking lot from the car next to me catching on fire, what kind of action could I take?

The firefighter report says it is due to a remote starter installed 1 week prior. Their insurance company is telling me because I have comprehensive I have to go through my insurance and pay a $1000 deductable. Since I don’t have rental on my policy and their insurance won’t really look at the claim no one has given me a car so ‘m missing out on work. Who should I seek to either pay my deductable or pay the estimated $6000 in damages?

Asked on October 25, 2012 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could try to recover out of pocket costs--like the deductible or replacement car rental expenses--from someone who was at fault in cauusing the fire. Therefore, if the problem was a badly installed or defective remote started in the car next to yours, you could, for example, sue and look to recover this money from the manufacturer and/or the person or business which installed it; you should also probably sue the other car's owner, and let him/her establish that he/she was not negligent or otherwise at fault. Remember: if none of the above will voluntarily pay, you will need to sue (file a lawsuit) to try to recover the money.


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