My chimney fell onto another persons vehicle, I had no homeowners insurance at the time. They are now sending me the bill and threatening legal action. What is the worst case scenario for me? The claim is approx $5300. thank you
2007-12-17 11:13:12 · 9 answers · asked by jakekno 1 in Business & Finance ➔ Insurance
Worst case is that you owe $5300.
What happens is that the other company pays the property damage for their insureds vehicle. They (insurance company) then will sue you for the money because you were at fault for the damage to the vehicle. Had you been insured your property damage liability coverage would have paid for the damage.
2007-12-17 11:24:24 · answer #1 · answered by oy vey 6 · 0⤊ 0⤋
Unless the chimney was hit by lightning or knocked down by a fallen tree, you are probably liable. Chimneys don't just fall down without showing signs of really bad wear & tear. There probably were many loose/missing bricks & most of the mortar was missing. It could have also been separating from the house. I'm assuming you knew that the chimney was in bad shape & if the average person could see it was a problem and nothing was done to fix it, then yes you are liable.
So, what I would do is call the insurance company & negotiate a settlement. You can offer a payment plan or a reduced amount lump sum. If you let this go to court, you will need to hire your own attorney, at $250-$300 per hr, plus more if they actually have to GO to court (PLUS paralegal fees), so in the end you may be paying MORE than the original $5300 - probably LESS than 20 hrs worth of work on the attorney's part.
Good luck to you - I hope you have homeowners insurance now!! I also hope you have built a new chimney too since heating season is here & if you don't have a proper chimney, you may end up with a fire or carbon monoxide in your home.
2007-12-18 06:24:01 · answer #2 · answered by Sue 6 · 0⤊ 0⤋
They can and will sue you.
After you incur legal fees defending (attorneys in my area charge 250 per hour) - You will end up with a judgment on your record. This will impact your credit rating. Any time you try to purchase something on credit - buy or sell your home - inherit property - the judgment will show up.
Here's my advice - call the insurance company - set up a payment plan with them. They will do it - interest free. Usually they want at least 100 per month until the debt is paid in full. As long as you make your monthly payment - they will not cause problems for you.
Or, offer to make a reduced lump sum payment - offer to pay 4000 in a lump sum by 1/15/08 as payment in full. Many insurance companies would rather have a reduced lump sum amount in hand now- than 100 per month until the debt is paid in full. The insurance company will probably be willing to give you a bit of a discount for a reduced lump sum payment.
Ignoring them is not a good idea. They have the financial resources to sue you - get a judgment - reinstate the judgment when needed - turn you over to collections. If you ignore them - they will not go away.
2007-12-17 20:15:17 · answer #3 · answered by Boots 7 · 0⤊ 0⤋
The worst case scenario is that you will pay the $5300, since you are responsible for the damage caused by your chimney. Had you had homeowner insurance, it would have stepped in to pay the damages. Absent the insurance, the debt falls directly on YOU.
2007-12-17 19:40:19 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
So...did you knock the chimney down? Why was the other person's vehicle so close to your house? Why didn't you have homeowner's insurance?
Sure would like to know more about the claim....and why they think that you are liable for the damages. Was this some guy trying to get rid of his Toyota?? (Seen the commercials??)
2007-12-17 19:24:01 · answer #5 · answered by Insuranceman 6 · 0⤊ 1⤋
They can place a lien on your house which can cause conflict to the mortgage company finacing your loan. They can also pursue reasonable legal expenses to acomplish such. The best remedy is to settle the dispute with the insurance company possibly with routine payments.
2007-12-18 00:50:39 · answer #6 · answered by Dimples_in_NJ 3 · 0⤊ 0⤋
Let them sue you.
Unless you KNEW the chimney was in bad shape, and didn't do anything to fix it, you're not going to be held legally liable for it.
And it's going to be DAMN hard for them to prove you had KNOWLEDGE.
Worst case, is that they sue you and win, and you have to pay that $5300.
2007-12-17 21:59:22 · answer #7 · answered by Anonymous 7 · 1⤊ 1⤋
Worst case: Claim plus legal fees...knowing nothing about your case, I would say $10k...so try to settle for less. Consult a lawyer please.
2007-12-17 19:25:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They could sue you. You may want to try to settle for less.
2007-12-17 19:18:21 · answer #9 · answered by npk 7 · 1⤊ 1⤋