Auto Insurance Claims: ins claims, toyota scion, small claims court

Question
My neighbor's new Toyota scion "blew up" while parked behind mine. My entire back bumper, tail lights, license plate lights are melted. He has full coverage and his insurance company told me that since no one was at fault, his insurance doesn't cover the damages done to my car. Is this right?????

Answer
Hi Jennifer,

What an interesting argument!

For those that think new cars are safer and not prone to fire, think again!

The tighter they shoehorn combustibles (Plastic accelerants, such as polyethylene) to ignition sources, the more these events will happen. All under the ruse of fuel efficiency.

Now, for your problem. I suppose it would depend, if the state it happened in is a no fault state, how your policy is written and the laws.

Now, as I always state, I am not a lawyer. I cannot give legal advice, however I like to argue many issues stemming from my long time with court experience.

I do not know if you have a good argument here, but this is how I would proceed.


First, your comprehensive insurance should pick up your repairs assuming you have comprehensive coverage (Fire & theft).

Now, if this situation happened to me and I did not have comp (which I always do), I would consider small claims court. Obviously, this was not your fault (however, you might share partial blame for parking in front of the burning vehicle), I would consider suing the owner of the vehicle, Toyota, (anyone that previously serviced it) and his insurance company for your loss.

You could go another step and find out if an Origin and Cause investigation was performed to determine the cause and origin of the fire. You might even find more companies to name for your suit.

Granted, there is no intent and this could be considered an act of God. I would want to know how it could possibly be perceived that I would be responsible for repairing my car.


Get an estimate for repairs; take plenty of pictures of the damage. In other words, build your case.



The judge may tell you that the insured, car maker, (any one that serviced the car prior) or the insurance company is not responsible, but this way you know for sure, because the judge of a small claims court knows the local and state laws that would apply to this situation.


The purpose of the court is to make us whole. No better, no less. If a judge found in your favor, chances are you would not get any incidentals like loss of work, pain and injury. You might make a difference! It might be fun!

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Rob Painter http://www.autotheftexpert.com





Good luck!

Rob