If my car was totaled and towed to a salvage yard, who is responsible for damages to the contents in the car that were destroyed by a fire at the yard?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my car was totaled and towed to a salvage yard, who is responsible for damages to the contents in the car that were destroyed by a fire at the yard?

We were involved in a no-fault accident and our car was towed away to a salvage yard deemed a write-off. While in the salvage yard, a van self-combusted during the night completely destroying our car. Do I claim for the vehicle contents through the van insurance company or the salvage yard?

Asked on April 23, 2017 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The easiest thing to do would be to claim  under your own insurance--your renters or homeowners, which should cover the contents of your vehicle. Your own insurer is the only party obligated to pay you without you having to sue them and prove fault or liability.
If you don't have applicable insurance, then you would sue the van owner (since his vehicle caught fire) *and* the salvage yard (since it was in their care)--either could potentially be at fault, depending on the exact cause of the fire, and suing everyone who could be at fault increases your odds of *someone* paying. You do NOT sue the van or yard insurer: those insurers do not have any duty or obligation directly to you, but rather only to their insureds (they pay on behalf of the insured, if the insured is found to have been at fault). You sue the parties who could be liable, and let them fight out over which one of them should pay. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption