The Money Mustache Community
Learning, Sharing, and Teaching => Real Estate and Landlording => Topic started by: surfhb on December 04, 2017, 04:23:37 PM
-
Short Story is a 22 Year old kid in the neighborhood had a fight with his GF and ran his 2007 Porsche into the garage and through the wall to (2) bedrooms of our rental almost killing the 2 children of our tenants. No alcohol was involved and he has insurance. Everyone is ok but they are deciding to break the lease and move at the end of the week. Also they are giving us a letter that releasing us from liability during this week. They have rental insurance which is covering their moving costs. We are in the process of contacting contractors to do the work.
If anyone wants to provide a list of things that might be overlooked or items we might be forgetting as we travel down this dark path? Id surely appreciate the advice. Anyone been through something similar? Just look for some general gotchas we might encounter.
Thanks!
-
You might want to talk with a lawyer. It seems you should be entitled to lost rent, whether or not it's covered by his insurance.
-
You might want to talk with a lawyer. It seems you should be entitled to lost rent, whether or not it's covered by his insurance.
Exactly! I'd have no qualms about suing such a driver personally for lost rent. Whether his insurance covers him or not is between him and the insurance and isn't a concern of yours (other than to the likelihood of getting paid without waiting excessively long).
-
We have landlord insurance on the home and are covered for lost rent. Isnt it our insurance's job to go after his car insurance?
-
We have landlord insurance on the home and are covered for lost rent. Isnt it our insurance's job to go after his car insurance?
Yes, provided that your insurance covers you as completely as you believe is appropriate for the circumstance.
-
The driver is responsible for all repairs to all damages to your house, and any loss of income that you suffer as a result. So that means he needs to pay for the loss of rent that you incur. The tenants (and/or their insurance company) ought to collect money as well for any of their stuff being damaged and the cost to move. It's nice that they have signed papers stating that you are not responsible.
I would be thoroughly inspecting the house, documenting with video, and looking for any damages. Damage could have occured to parts of the house that are distant from the site of impact, so I would inspect the entire thing.
-
The driver is responsible for all repairs to all damages to your house, and any loss of income that you suffer as a result. So that means he needs to pay for the loss of rent that you incur. The tenants (and/or their insurance company) ought to collect money as well for any of their stuff being damaged and the cost to move. It's nice that they have signed papers stating that you are not responsible.
I would be thoroughly inspecting the house, documenting with video, and looking for any damages. Damage could have occured to parts of the house that are distant from the site of impact, so I would inspect the entire thing.
Thank you all for your replys.
This is basically our insurance's job correct? Or should we lawyer up at this point? I really dont want to waste money on a retainer if it will do no good.
Not sure how much liability his insurance carries. This is a somewhat affluent neighborhood and the kid sell high end real estate. Thats all I know of him. Does our Insurance go after personal assets after his insurance pays out the liability limit?
I should know the answers to these question but i guess I wasnt expecting a car being driven up into the house at 65 MPH ;)
-
Does our Insurance go after personal assets after his insurance pays out the liability limit?
If your insurance makes you whole, then you don't care what decisions they make during subrogation. They may take a quick check at his property damage and liability limit, or they may sue him. As long as you get paid by your insurance an amount that makes you satisfied, you can be done with it. I worry that that underlined sentence won't happen, at which point you probably need legal advice.
-
Does our Insurance go after personal assets after his insurance pays out the liability limit?
If your insurance makes you whole, then you don't care what decisions they make during subrogation. They may take a quick check at his property damage and liability limit, or they may sue him. As long as you get paid by your insurance an amount that makes you satisfied, you can be done with it. I worry that that underlined sentence won't happen, at which point you probably need legal advice.
Exactly! Your underlined words is the only reason Im writing this post. Just want to make sure I dont miss any details when dealing with my insurance.
-
(https://images-na.ssl-images-amazon.com/images/I/61J0Wekj5JL.jpg)
-
Not sure how much liability his insurance carries. This is a somewhat affluent neighborhood and the kid sell high end real estate. Thats all I know of him. Does our Insurance go after personal assets after his insurance pays out the liability limit?
I should know the answers to these question but i guess I wasnt expecting a car being driven up into the house at 65 MPH ;)
If the kid is 22, his assets probably consist of a broken, high-end car and other flashy things.
I would take the money that you're considering spending on a lawyer and hire your own damage assessor instead. Make sure that you are compensated for all damage to the house, including structural damage that could appear in other parts of the structure.