House burnt down no content insurance

fairycakes

Hi there
The house I was renting burnt down and I had no content insurance I lost
everything I own. The fire started next door and I just wondered is there anyway I can claim for my contents on either my landlord or neighbors house insurance? it was accidental cause.
Any advice appreciated I really don't know anything about insurance or legal area

Thank you in advance!

3DataModem

You won't be able to claim on another person's insurance, as their insurance won't cover your stuff. You can only insure things you have an insurable interest in.

You might (I'm not a lawyer so don't know for sure) be able to take a case against them for compensation if you can prove negligence, but the problem may be that you failed to mitigate your own risk by having insurance.

Go to a good solicitor. Not the one your family uses for buying houses and making wills, but one specialising in compensation. Pay for your consultation, and see where it goes.

Henry Ford III

Consult a solicitor OP.

Dial Hard

3DataModem wrote:

You won't be able to claim on another person's insurance, as their insurance won't cover your stuff. You can only insure things you have an insurable interest in.

I'm not sure this is strictly true. A dog ran out in front of my dad last year and caused about 3 grand's worth of damage to his car, which was covered by the owner's home insurance.

3DataModem

Dial Hard wrote: »

I'm not sure this is strictly true. A dog ran out in front of my dad last year and caused about 3 grand's worth of damage to his car, which was covered by the owner's home insurance.

This is still the dog owners liability, that happened to be covered by their household insurance. If the dog owner didn't want to play ball, the car owner would have to sue him, not just claim off his insurance.

It's a good comparison though.

OP: get a solicitor, and begin assembling receipts and photos that show your contents. You say the fire was "accidental" but there may be an issue of negligence to to lack of fire supression, non-compliance with building standards, etc, that may make your landlord liable. The landlord should have liability insurance to cover this liability if it can be proven.

OP: get a solicitor.

seamus

Dial Hard wrote: »

I'm not sure this is strictly true. A dog ran out in front of my dad last year and caused about 3 grand's worth of damage to his car, which was covered by the owner's home insurance.

This is a different scenario, not least because strict liability applies to dogs - any damage your dog does is always your fault.

In terms of liability for accidental damage such as a fire or flood, in general the person who owns the property where the fire started, is not liable for damages caused to any adjoining property. It's a kind of a "**** happens" thing, since rationally you cannot expect that just because someone has had the misfortune of a house fire, that they should also be required to pay you for the cost of replacing your stuff. You were both unlucky that your stuff went on fire, it wasn't anyone's fault.

The only exception here is if you can prove that they started the fire intentionally, or that they were seriously negligent. And I don't mean, "They didn't get their boiler serviced on time", or "they fell asleep while smoking" it has to be more malignant than that, such as "they lit candles underneath their Xmas tree" or "they rewired their entire house themselves" - negligent to the point of recklessness.

As above, get yourself a solicitor. The fact that you have no contents insurance, and house fires can usually be argued to have some level of personal negligence, may let you strike it lucky and get some money. If you had insurance, you'd definitely be told to go away and claim from your insurer.

Liam D Ferguson

3DataModem wrote: »

If the dog owner didn't want to play ball, the car owner would have to sue him, not just claim off his insurance.

...and the dog would presumably be unhappy. Most dogs like playing ball. (Sorry.)

Henry Ford III

Whatever about 3rd party liability it was really unwise to have not had cover on your own property OP.

I hope you get this horrible situation sorted btw.

Mrs OBumble

What were your contents worth? If less than a few grand, then forget about the splicitor, gwtvdown to your local charity shop for replacements (as VdP for help if you need to - they will give you vouchers for their shop) .

Legally your neigjbour may be liable. But if you could not even afford contents insurance, you are unlikely to be able to afford the fight for compensation.

coylemj

fairycakes wrote: »

The fire started next door and I just wondered is there anyway I can claim for my contents on either my landlord or neighbors house insurance? it was accidental cause.

You are legally precluded from claiming off your neighbour or his insurance, thanks to the Accidental Fires Act 1943....

AN ACT TO RESTRICT THE TAKING OR CONTINUING OF LEGAL PROCEEDINGS IN RESPECT OF DAMAGE CAUSED BY ACCIDENTAL FIRE. [20th April, 1943.]

1.—(1) Where any person (in this section referred to as the injured person) has suffered damage by reason of fire accidentally occurring (whether before or after the passing of this Act) in or on the building or land of another person, then, notwithstanding any rule of law, the following provisions shall have effect, that is to say:—

(a) no legal proceedings shall, after the passing of this Act, be instituted in any court by the injured person or any person claiming through or under him or as his insurer against such other person on account of such damage;


http://www.irishstatutebook.ie/eli/1943/act/8/section/1/enacted/en/html#sec1

fairycakes

I was renting we had about 20,000 worth, I know we should have got insurance but can't dwell on that now. I just thought I might be able to get some money back. We are ok I wouldn't feel right going to svp when there are people out there on streets and hotel rooms. Thanks for the replies guys appreciate it!

Grab All Association

Exceptional needs payment from the DSP might be a possibility. It costs nothing to apply. Obviously you won’t get a cheque for €20k but if you qualify it’ll be some help.