Accidental Fire Home Insurance - Liability? Please share your experiences and thoughts

Lw123 on 18/10/2014 - 14:37
Last edited 18/10/2014 - 14:51

I have kept the events below as summarized as possible:

I am currently living in a rental apartment unit in the state of QLD. Long story short – The stove top was turned on accidentally and I left the house to go shopping only to return 20 minutes later to find that there was a minor house fire involving only the kitchen area that destroyed the kitchen bench top and the stove top.

I was informed by both the fire brigade and the corporate management manager who were there that this would be covered under insurance.

Today I received a letter from the insurance company (which I assume is the landlords ) claiming that the damage was Malicious and furthermore all repair costs would need to be covered by myself.

This is the first time I have been involved in a situation like this and I was wanting any advice about how to go about this/who to contact or what to do.

Thanks all!

Home & Garden

Comments

  • pjetson on 18/10/2014 - 14:55
    +2

    Assuming that the facts are as you have presented them, I would write to the insurance company simply saying that the incident was not malicious, and that you do not agree with their assessment and their claim that you pay for the damages. Send a copy to the agent and/or landlord. Do not say anything else, or admit to anything, or offer any alternative explanation.

    You might also like to talk to someone at your local community legal centre, perhaps even before you write the letter.

    If you do nothing, the insurance company will either sue you, or put the "debt" into the hands of a debt collector.

    Note that I am not a lawyer and this is not legal advice.

    • w123 on 18/10/2014 - 15:48

      Will do that, thank you for the advice.

      With regards to the current situation if I was able to convince the insurance company that the fire was indeed accidental, would I still be liable for the full damage costs?

      Given that I am in QLD I am particularly interested if there are any legislations regarding accidental tenant damage.

      I will look into talking to some legal center as you suggested. :)

      • YTW on 18/10/2014 - 21:28

        My (totally non-legally trained) advice:
        It is not your job to convince the insurance company that it is accidental - it is up to them to prove it is 'malicious' if these are choosing to pursue you that way. And without actual evidence (ie. a police or fire report that specifically states that there was a fire purposefully lit) then they don't have a chance in hell of proving it. So they're just trying it on to see what money they can extract to minimise their losses.

        Very simple letter stating that the fire was not malicious and was accidental is all that's required. Don't try and explain the situation - you are then just giving them ammunition if you say even a single word that can be taken the wrong way. It's a good idea (as said above) for someone with legal knowledge to read over the letter before you send it.

        Keep a copy of all your correspondence and all of theirs, also write down a short summary of all telephone conversations with them (date, time, name of person, short summary of what you both said). It keeps it easier for you to know what has been said back and forth, you can reference it later on if you need to, and helps you remember the trail of paperwork/phone calls as these things can move slowly and drag on for months.

        Expect to be out of pocket for something (ie. the excess) - you did cause the fire - but the owner should have some sort of building insurance in place that should cover the majority of it. Make sure that anything you do pay is definitely the ONLY amount you'll be liable for - get that in writing and speak to ALL parties (landlord, rental agent, insurance) before you pay it so that you are all clear on who is paying what.

  • isthisreally_me on 18/10/2014 - 16:43

    "The stove top was turned on accidentally and I left the house to go shopping only to return 20 minutes later" Whilst not malicous per se, the fire can be traced directly to your negligence. I suspect even with a lawyer youll end up paying for the damages you caused.
    Just because you dont own the proeprty, doesnt mean you dont have to take care of it.

    • w123 on 18/10/2014 - 16:49

      I understand what you mean. However it was to my understanding that this was the sole purpose of the home insurance. To cover any accidental damage caused to the property I am residing in.

      Whilst the insurance is not under my name it is under the landlord who I am leasing the apartment from's name. I assume if the home owner had caused this fire due to negligence he would have to pay the excess fees and the insurance would cover the cost?

      • Geewhizz on 20/10/2014 - 07:52

        That would depend on whether he had coverage for accidental damage, I guess.

  • mskeggs on 18/10/2014 - 18:20

    I 2nd the "it was not malicious" letter.
    Think of it from the insurers pov. They write a short denial letter and you possibly will not challenge it - they win!
    I personally believe they will back down very swiftly.
    I would name who this insurer is, as I wouldn't like to do business with them.
    For reference, my sister in law as a kid left a candle burning on a shelf in her wardrobe and forgot about it. It caused a fire costing $100k.
    GIO paid up painlessly.

  • pjetson on 18/10/2014 - 18:40

    Upon thinking about this further, it seems to me that if the insurance company pays for the repairs, they'll still want to get their money back somehow. And that "somehow" may be you.

    Contact a tenants organisation.

    Check your contents insurance to see if it offers anything for tenants.

  • gevidian on 18/10/2014 - 20:05

    Renter's insurance would cover the fire damage caused by you. Assuming you have none, you will probably be liable for at least the excess the landlord would have to pay to claim on his insurance. Check your lease agreement but I am pretty sure that any damage caused by you ( be it negligent or malicious) would be your liability.

  • boonanza on 18/10/2014 - 21:14
    -1

    You sound like someone who is trying to get out of paying anything for YOUR mistake. Although it probably was not malicious what makes you think that you would not be liable to pay any excess that the landlord has. Just because you do not own the property it does not mean you don't have to cover any costs.

    • w123 on 18/10/2014 - 21:22

      When did I say I wanted to get out of paying for the excess? In fact I do think its fair that I cover the excess costs so that the landlord is not at a loss.

      However my question was regarding the fact that the insurance company wants me to cover the full repair costs and claiming that it was a malicious fire when it was not.

  • nikey2k27 on 19/10/2014 - 12:55

    Go see lawyer at free services. they tell you what to do. But dose sound like try to see if it will work.

    • w123 on 19/10/2014 - 14:52

      Yeah I will be giving them a call tomorrow. Thanks

  • minniethemoocher on 19/10/2014 - 14:56

    My experience is with insurance companies if there is a third party who is involved who is not insured with them they will pin it on them & deny the claim in effort to avoid paying. This is even if the third party is not at fault. This is the game they play to avoid paying. You may need to provide sufficient evidence to support your position in order for them to pay up. I suggest getting legal advice, alternatively the insurance company will have a dispute process and there is also an ombudsman.
    However am not a lawyer and this is not legal at advice & it sounds like you may need some in this instance.

    • w123 on 19/10/2014 - 15:13

      Yeah I think I might have to look into something like that. Unfortunately I assume the cost of legal advice + courts etc will most likely cost more than paying the insurance.

  • pjetson on 19/11/2014 - 12:50

    I'm interested to know how you've got on - what has happened in the last month?

Login or Join to leave a comment
Login Join