Auto Insurance Claims: Truck fire and damage to driveway, private driveway, mechanical malfunction


Question
I was delivering mulch to my church and parked in an adjacent private driveway to unload the mulch.  My truck caught on fire resulting in total loss to the vehicle and also caused damage to the driveway.  My auto insurance covered the truck loss but they will not cover the damage to the private driveway.  The homeowner is threatening to sue me for the $3,800 repair to his driveway.  Help!

Answer
Hi Paul,

This does not sound correct to me either. The only thing I can think of as to why they could deny it is if the fire was caused by a mechanical malfunction, they could make the case that the fire was not due to your negligence. The liablility portion of your policy pays for damage caused due to your negligent operation of your vehicle. You should call your insurance company and ask them to provide you in writing with the specific reason and theory behind the denial.

If you do receive any demand letters or suit papers from the owner of the driveway or their attorney, you need to immediately contact your insurance company. Part of your policy says that if you are sued, your insurance company will provide you with a defence attorney. If this does go to court and you are found to be liable, your insurance company would have to pay the claim.

I hope this helps
Richard Hixenbaugh