My rental home was burned down by neighbor's mistake. He was smoking on his deck, threw cigarette butt which started fire. It slowed spread to his and my homes and both were nearly burned down. It was proven by Fire Chief investigation and he has accepted his fault that he thew cigarette butt that started fire. My insurance company paid a part of my claim to rebuild home. They may go after neighbor's company to recover their payment. I am planning to file a law-suit against neighbor for remaining losses, my attorney fee (to handle first claim), time spent on case, loss of rent (while being built) and emotional distress. Is it a valid claim? Am I ok to file law-suit for these expenses? If I hire an attorney to handle law-suit, can I claim that amount too? What happens if neighbor's liability insurance limit does not cover all claims as other home owners might have also filed claims against this neighbor due to this fire. What is the order of payment for all such claims? Will neighbo
You have a lot of questions and many issues that will need to be discussed beyond the scope of this forum. I recommend you contact an attorney and ask for a free consultation to discuss your issues.
The primary issue here is that chances are because your insurance company got involved, the insurance company and not you now has the right to sue to recover damages. But, you may be able to bring suit to recover for the damages which are outside of the scope of the insurance coverage, i.e. lost rent. On a simple negligence claim, I would not count on recovering attorney fees.
Good Luck.
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