Some guy torched his car - and my car is totalled?

Question

ok - some guy torched his 2008 car in front of mine - my car is totalled. no police report was filed (!?) but the fire report says that it had been doused with fluid and torched!!

Found out about it about 4 days later (car was parked down the street) when I wanted to go for a ride. The 2008 car was removed from the street and the bonnet and windshield of my car was completely burned. My car is old, but it was all I had.

I only had collision - the other car probably had comprehensive. My state is NY, and I want to vigorously pursue the person for damages. the car would cost more to fix than the actualy value of the car.

How can I go about pursuing this? I am running a plate check with my insurance co. What else can I do?

Answer 1

I'm a little confused here. You stated "I only had collision."

I admit I have never handled claims in NY, but if you collision you should also have comprehensive coverage. I'm not aware of any auto policies that include collision without comprehensive coverage. So if you have comp coverage you should be covered by your own company. If no comp then your company doesn't owe you anything.

This is a long shot, but I would present a claim to the liability coverage (if he has the coverage) of the idiot who torched his car. I have won a few cases (I've lost more than ) in similar situations. Normally, the insurance for the arsonist would probably deny your claim based on the fact that the arsonist intended to torch his car, which is an intentional act. Intentional acts aren't covered, BUT his intention wasn't to damage your car, that was an accident and his liability policy covers accidents. I argued that the idiot intended to damage their own property but not our property. Like I said I don't handle NY claims or know the laws there, but if I were you I would consider making a claim against the idiot's insurance.

Good Luck

Answer 2

If the other guy torched his car, he doesn't get insurance coverage.  If somebody else torched his car, then it is vandalism, and his comprehensive insurance covers it.  Either way, there has to be a police report.  The owner of the car doesn't have to file a police report, the fire marshall would.  If it is vandalism, you have no claim against the owner of the other car.  If he actually torched it himself because he couldn't afford the payments, he sure as heck isn't going to have any assets for you to claim against for your damages.  Not only that, he will be facing charges, and any fines assessed would be ahead of a claim for you damages.

This is the problem with only carrying liability insurance, it is no insurance coverage for your car, and should only be carried if the car is an old worthless beater, or if a person can afford to reach into the pocket to replace the car.

Collision covers only collision and upset.

Comprehensive covers fire, theft, vandalism, hail, lightning, vermin, etc, but not collision.

It isn't that you don't have rights, you didn't purchase the coverage, sorry.

I don't understand why, if your car had that kind of damage, it wasn't towed as well.  Or why you weren't tracked down from the registration to notify you of the damage.