Our neighbors are trying to take us to court?

Question

My moms car caught fire and the car next to us got burned a little bit.. She told them twice to move the car before the car so nothing could happend to it, but they never did. Now they want to take us to court saying it was our fault when we told them mulitple time to move the car and didnt. Who do you think has a better chance at winning

Answer 1

Usually, in apartment complexes, a certain parking space is allotted to each tenant.  Therefore, they would have nowhere to park legally except next to you.  However, I don't think this is the issue.  The issue is that, after being told to remove their car, they refused to do so.  If you can prove this through witnesses (or at least Affidavits of witnesses), you could have a good chance of beating most of this rap.  The reason: because the neighbours did nothing to mitigate (lessen the impact of) their damages.  It's a shame the police did not make a full report, but they probably didn't because this is a civil matter, not a criminal one.  However, the firefighters should have something on file detailing the circumstances, even if they didn't give a report to you.  They would have had to explain why they expended the manpower and other expenses.  Otherwise, you'll just have to use witness testimony as your evidence.

You will be liable for some of the damage caused by your negligence in allowing the car to get into a combustible state, but not all of it because the neighbours didn't mitigate their damages. A judge would apportion the blame.

Answer 2

you

Answer 3

Call your insurance company. Even if you don't have "comprehensive" coverage on your car -there may be coverage for the neighbors car.

Depending on what caused the fire etc - you could be responsible for the damage to the neighbors car. If you are liable for the damage to the neighbors car - then the property damage liability coverage of your auto policy should pay for their car.

Report the claim - cooperate with the insurance company in the investigation of the claim and let the insurance company deal with it.  

Answer 4

"got burned a little bit" ... ya, what constitutes  a "little bit"

or?

I would hope that everybody could keep the lawyers out of this,

far less expensive that way... but you have to get a LOT of questions  answered as to where where the cars parked relative to the property line and what sort of notice had been given and is anything documented in writing. or?

Why did the car catch fire? ... was there an investigation?

Does anyone's insurance cover this sort of thing?

Do you HOMEWORK!

.

and good luck.

Answer 5

If their car was on their property?  They will win 100%.  It's not their fault your car was a hazard, nor their responsibility to stay back further than the property line because you couldn't be bothered to remove the hazard.