Question regarding insurance coverage of landlords?

Question

Please refer to my previous question at the link below for a detailed explanation of the incident I am describing. Here is a basic explanation:

I am a tenant at an large apartment complex owned by a large rental company in Nevada. There was an incident early last Friday morning where a person who was attempting to steal a car stereo from another resident was confronted by that resident, and in the course of the conflict, my car was damaged by the robbers to the point of being totaled.

Another user posted in my other question that's it's possible that my landlord's insurance on the property would cover the damage to my car. My question is whether or not anyone can confirm this, and if it is true how I would go about filing a claim to get my car paid for. I assume the landlord and/or their insurance company could potentially be hesitant to pay me.

FYI, The car's value before being damaged was approximately $2,000. I do not have renter's insurance, or comprehensive vehicle insurance.

Answer 1

I suggest that you speak with the property management office to see if their insurance would cover this.  They are the only people who can tell you what the landlord's insurance policy covers and to what extent.

If you have a legitimate claim, then you will need their help in filing the claim with that insurance company.  Although, I suspect that the landlord's insurance covers only accidents - such as if a tenant slips and falls, etc.

Good luck!

Answer 2

You can file a claim against your landlord's General Liability carrier, but it is very unlikely you will be paid.

Yes, the have coverage, but no they were not legally liable for the damage to your vehicle.  

If they were to provide security, and the security was inadequate, then possibly they could be found liable.

Renter's insurance would not have covered your vehicle.  

Sorry.

Answer 3

The above answer is correct that the damage to your vehicle is not generally covered under a landlord's policy.  The Landlord's policy is meant to cover events that the landlord is LEGALLY responsible for, and that unfortunately does not include damage by robbers to your vehicle.

Were the robber's caught and can you get their information?  I would say sue the c**p out of them to get your vehicle paid for.  They are criminals, they need to pay for the damage that they cause.  They would not have insurance that will cover this either, but it is their responsibility to fix the car they destroyed.  

Also, I would recommend having full coverage on any vehicle you own.  I'm sorry to say, if you do not, that means you are self-insuring for these types of events.

Good luck to you!

Answer 4

Your chances of collecting from the apartment owners or their insurer is close to zero.  Landlord insurance covers THEIR property and any liability to them for accidents occurring on their property.  The vandalism isn't considered an accident.

You can try filing, but don't hold your breath waiting for a check.  That's why YOU need to have insurance.

Answer 5

Most likely your lease or rental agreement has a paragraph that warns you that your landlord is not responsible for any theft or damage to your property. If your landlord could be held responsible, there would be no need for Renter's Insurance (and fewer landlords, too.) Their insurance only covers their property.

It may be a boring read, but it is a good idea to READ your lease once or twice a year -- it controls everything between you and your landlord. You will probably be surprised to see everything you agreed to when you signed it, but it gives you some very important rights, too.

I would definitely ask your landlord to evict the thieves if they live there because committing crimes on the property would be a serious breach of the lease.

Once your landlord is put on notice that a tenant is breaking into cars on the property they would have a duty to get them off the property as soon as they legally could. That goes for firing guns at people too! They should be working hard to get that tenant out also! (Just ask that they not mention that you complained about him.)

If you know the names and addresses of the people breaking into cars and damaging your car, you can file a lawsuit against them in Small Claims Court. Collecting a judgment might be difficult if they are not employed, but not impossible. Their convictions would be great evidence in Small Claims Court to show that they were the people responsible for the damage.

You may have a good case in Small Claims Court against the neighbor who was shooting at the thieves because that could be argued to be what started them driving off so fast. I'm surprised he wasn't arrested. Didn't anyone call the police?

You should also check to see if Nevada has a Restitution Fund that will pay victims of crimes for damages they suffer. If the thieves plead guilty or are found guilty you may qualify to be reimbursed by that fund.

At least ask the Judge hearing their cases to order the thieves to pay you restitution as part of their sentence.

Your local District Attorney's Office can tell you if Nevada has a Restitution Fund and that the fund will pay you. They will also help you ask the Judge for an Order for the thieves to pay you as part of their sentence. (Here in California we have a program that pays crime victims but it takes several months to get a claim approved and it doesn't cover everything.)

This is probably not what you wanted to hear, but this is what auto insurance is for. It probably isn't worth the cost for a $2,000 car, but it is a good idea to put a little money away every month that will help you "cover" unexpected problems like this. You can always use it to pay for another car if you save a lot this way.

Renter's Insurance would probably not cover you because they usually exclude your vehicles from coverage. Usually Renter's Insurance will only cover what you have in your apartment and protect you from some lawsuits (like if a friend slips and falls in your kitchen because you were negligent.)

Good luck!