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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 30807
Experience:  30 years experience representing clients.
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I had a fire at my house on last year and I didn't know that

Customer Question

I had a fire at my house on last year and I didn't know that my insurance company had cancelled my insurance. My neighbor had damage in her home. In the beginning she agreed not to sue us and not to have the insurance company come after us if we paid her $15,000. After receiving her settlement she then contacted us again and said the money wasn't enough and she needed $12,000. Afterwards we agreed after that there would be no more payments. My wife received a letter saying she was being sued for $78,000. The insurance is asking back for the money they paid her. My wife is being sued for something that has nothing to do with her. Now since I refuse to give it back , the Fox family is suing us for $83,000. What are my rights against a sue on both of them?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Hello. I am Loren, a licensed attorney, and I look forward to assiting you.

Did you get a release from the neighbor when you gave them money?

Customer: replied 1 year ago.
we have the paper the drew up?
Expert:  Loren replied 1 year ago.

Was it signed by the neighbor?

Customer: replied 1 year ago.
Not yet because we refuse to give they the rest of the money but I still have the legal paper they had drew up
Expert:  Loren replied 1 year ago.

You need their signature on a release. If they sign the release then they can not sue you for more money.

Customer: replied 1 year ago.
But they want the rest of the money if my wife is being sued for the fire by her insurance company I just gave her money for nothing
Expert:  Loren replied 1 year ago.

If you gsve them money without a signed release then they can sue, but you are entitled to a credit for whatever you have already paid.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
that means that they still can come after hours we can still be to drive to the insurance company even if we settle with the Fox is we still can be too because of the insurance do I have any rights in this world that I cannot come out being old students to buy both of them or is it an animal that I will be to buy both of them and if I can't you if I can't be to buy them what rights do I have in my behalf
Expert:  Loren replied 1 year ago.

They still have to prove negligence on your part to make a claim, but if there was no release then they are entitled to make their case in court. You can demand they prove their claim in the court case.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
But the fire was proved to be an accident fire that cause damage to their home yes they did occur damage after home due to the fire that was taking place on my property but neither one of us was at fault I wasn't there I will came home from work my husband was picking you up from work but the fact that the fire started in the back and their garage was its on the other side of the fence where the storage homework that's for the fire started hi I am I liable for that even though I didn't have insurance you don't I understand Sade or some type of complications but how can text them and their insurance company to me and what I really want to know if what rights do I have a say on homeowner who had a fire and damages were secured to the neighbors property but the fire was listed as an accident fire that was restarted by a candle lighting relighting itself with no one in the home at the time the fire was started so high on my flashlight before it and what rights do I have against this suing me and coming after me when it was listed as an accident
Expert:  Loren replied 1 year ago.

You will need to defend the suit. It is advisable to retain an attorney to appear for you in court. If the neighbor wants to sue then you can not stop them.

Customer: replied 1 year ago.
you're saying that they have to pay that's it I was negligent on our part that we were responsible for the fire in order to eat and when displaying are probably same again am I reading this right or is there some of the way to put it they must prove negligence on our part the negative wouldn't be that we don't have homeowners insurance to pay for their part of the damage or is it that we are negligent and starting the fire which one of you talking about because he had nothing to do with the fire we don't live back there we live in the front house where are home is located the back house of a separate part of it where the fire was started out but once again there was no point in the phone at the time the fire started
Customer: replied 1 year ago.
A week prior to the fire there was a homeless person state gets things I said that we allowed to but she was supposed to have been out of the out of the place and all file premises she was there without our knowledge or consent and she was asked to leave she was totally she came on the property without me or my husband or misses ferber the other part of the owner of the house what did not was not and did not know she was there and did not give permission for her to be there till there for a run at library for something that someone else done on our property without our knowledge or consent what's the fire being rude as an accident proof that we were at fault is impossible because he wasn't that's all we was nowhere near the shed where the fire started I was at work and my husband was picking me up from work when I came home my husband running the house I was sitting in my car and I noticed some flames coming out from the rough sand from the back part of my home where the store is located and then I proceeded and calling the fire department and when they came out my neighbor Jennifer Fox who garage door spring yes he did lose things and it's it's a little bit passive you know is not a good neighbor relationship but it's a neighbor relationship and we just want to know that where is the proof that this was an accident even with the fire department saying that on record it is true that it was an accident and that someone didn't look like there but they working there when the fire started so am I liable for someone who's on my property that I don't know about about and who should have been on my talk to me in because of the fighters I don't believe there it is if so then leave they do have to prove it but I don't believe that we're at about four and after dance
Expert:  Loren replied 1 year ago.

If they can prove you were negligent and the court finds you negligent then they can get a judgment against you for the damage from the fire. I think if you are sued you will need to retain local counsel to defend you. Also, do not pay any money to them unless they will release all claims.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
One minute p
Expert:  Loren replied 1 year ago.

ok

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.