Car Catches Fire

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about his car catching fire and being destroyed. He pulled over, got out, and was not hurt, but he wanted to know his legal options.

Depending on the cause of the car catching on fire and resulting damages, there may be several parties that could be sued.

If the fire was caused by a design or manufacturing defect in the vehicle, the manufacturer could possibly be held liable under product liability laws.

A design or manufacturing defect would include issues such as a wiring short, a battery defect, a fuel system leak, or another engine-related problem.

Proving a defect and its connection to the fire will be challenging, not least because the car was likely destroyed in the fire. An expert would need to employ credentialed forensic analysis to piece together what happened in a manner that a court would find credible.

If a fire department puts out the fire, it may have investigated the cause of the fire, and may also prove to be an essential source of information to establish the cause.

If the fire was caused by negligence on the part of a mechanic who performed repairs or maintenance on the vehicle, the mechanic may be liable for negligence.

A mechanic’s work might come into play if parts were installed incorrectly, or wiring was left loose, or the mechanic otherwise failed to address an issue they were hired to address.

If the fire was caused by a car accident where another driver was at fault, they could be liable for damages, including the fire damage, injuries, and property damage.

If a fire were intentionally set, the parties responsible for setting the fire could be held liable for the resulting damage.

In some situations, if a fire originating on a property spreads due to negligence and subsequently engulfs a car, the party responsible for starting the fire, or a party who negligently failed to provide fire suppression equipment, may be sued for damages.

One example that comes to mind is a renter of an apartment whose car caught fire when parked at the apartment building. Because the building owner failed to install and maintain fire suppression systems as required by law, we were able to sue that party successfully.

In another case, we recovered damages for a client when a property manager allowed gasoline to be stored in a garage rented to a tenant, and the gas was stored in a way that caused a fire.

If the owner of the car that caught fire had car insurance with comprehensive coverage, that policy would likely apply to cover the costs of repairing or replacing the vehicle in the event of a fire. In most situations, insurance may be the most viable option for recovering the losses sustained in the vehicle fire.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”