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How should I respond to a subrogation letter I received from my neighbor's insurance company for fire damage to his unit?

Los Angeles, CA |

The fire was due to a candle that I left burning and this is documented. I did not have an additional homeowner insurance policy and the condo association's insurance had a $10,000 deductible. They are asking for the name of my insurance company or for me to contact them to pay them. I am no longer the owner of the property. The amount is $16,000.00. They have since completed the repairs to his unit.

Attorney Answers 3


Retain a local property damage attorney to assist you with this matter

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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I agree you should retain a local attorney for assistance. Unfortunately, it appears you are responsible for the damage and without insurance. An attorney will be able to assist with a more favorable settlement of the claim than you can accomplish on your own.

The reason you want an attorney is so that you can avoid giving information to the carrier that is against your interests.

Alternatively, you can stonewall and wait until you are served. The SOL on a subrogation claim is 3 years. If you are judgment proof, that might be a good option. If not, an early favorable settlement might be a better choice. Good luck.

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Consult with a real estate attorney who can help you settle this matter.

Many attorneys on this site offer free consultations.

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