Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand
Negotiate
Settle
1. Identify
Common vehicle fire sources
- A known defect with an open recall, including "park outside" recalls where the maker tells owners not to park in a garage
- A recall repair that the dealer did wrong, or never did
- An electrical problem after a repair, like a loose battery cable or pinched wiring
- Aftermarket add-ons: remote starters, stereos, lights, lift kits, and trailer wiring
- Fuel or oil leaks onto hot engine parts, often after service
- Electric and hybrid vehicle batteries, and home chargers or charging stations
- Golf cart, e-bike, and scooter batteries and chargers
- Riding mowers and other small engines stored hot after use
Whose vehicle was it?
| Whose vehicle | What that means for recovery |
|---|---|
| Your insured's own vehicle | You generally can't pursue your own insured. Look at the manufacturer, dealer, repair shop, and installer instead. |
| A guest, relative, tenant, or neighbor | The owner and their auto carrier may be responsible, plus the manufacturer and any shop. |
| A contractor's or delivery driver's vehicle | The driver's employer and its commercial auto carrier. |
| A vehicle in a shared or public garage | The vehicle owner, the garage owner or operator, and the manufacturer. |
The auto policy. Put the vehicle owner's auto carrier on notice. Whether the auto policy covers damage from a parked car that catches fire depends on the policy and the state, so ask the carrier in writing. The auto carrier may also be pursuing the manufacturer for the vehicle itself, and working together can save both sides expert costs.
Defect, repair, or add-on?
| What you find | Likely cause | Who may be responsible |
|---|---|---|
| Open recall for fire risk, and the fire started where the recall says | Product defect | Manufacturer |
| Recall repair done recently, and the fire started in the repaired area | Poor recall repair | Dealer, and the manufacturer |
| Owner brought the car in for the recall, but the dealer said parts weren't available | Known risk, not fixed | Manufacturer, possibly the dealer |
| Fire started at a remote starter, stereo, or other add-on | Poor installation or a defective add-on | Installer, or the add-on maker |
| Fire started soon after a repair or oil change | Poor service | Repair shop |
| Fire started at a battery or charger | Product defect or poor charger installation | Battery or charger maker, or the electrician who installed the charger |
Responsible parties to consider
- The vehicle manufacturer, and makers of parts like batteries or wiring
- The dealer, especially for recall repairs
- Repair shops and quick-lube shops
- Installers of aftermarket add-ons, and the add-on makers
- The electrician who installed a home charger, and the charger maker
- The vehicle owner, if it isn't your insured, and their auto carrier
- A driver's employer, for work vehicles
2. Notify and investigate
Stop the vehicle from being crushed. Find out right away where the vehicle was towed. Call the tow yard or salvage yard, put a hold on the vehicle in writing, and confirm it. If the vehicle's own insurer has already taken it as a total loss, ask that carrier to hold it too.
Check recalls. Run the VIN on the NHTSA recall site. Also search NHTSA complaints and investigations for the same year, make, and model, since a pattern of fires helps even without a recall.
Who to put on notice
- The manufacturer and the dealer
- Any repair shop or installer that worked on the vehicle
- The vehicle owner and their auto carrier, if it isn't your insured
- The tow yard or salvage yard, for the evidence hold
- The charger maker and installer, for electric vehicles
Evidence checklist
Exams
Hold a joint scene exam, then a joint vehicle exam, with the manufacturer, dealer, shop, and carriers all notified. Don't let anyone take apart the vehicle before the joint exam.
3. Demand, negotiate, and settle
Liability theories
- Against the manufacturer: product defect, failure to warn, and breach of warranty
- Against the dealer or repair shop: negligent repair, including a bad recall repair
- Against the installer: negligent installation of add-ons or chargers
- Against the vehicle owner: negligence, such as ignoring a "park outside" recall notice
Defenses to expect
| Defense | How to answer it |
|---|---|
| The fire started in the building, not the vehicle | Your expert's burn pattern findings and any video from the scene |
| The cause is undetermined | Vehicle fires are hard to pin down. A recall that matches the area of origin, or a recent repair in that spot, helps. |
| The owner modified the vehicle | Find out who did the work. That can shift the claim to the installer. |
| The owner ignored the recall notice | That may shift some fault to the owner, but it doesn't clear the manufacturer of the defect. |
| The evidence was destroyed | Your hold letters, and proof you notified every party before the vehicle was moved or crushed |
Negotiating and settling
- Vehicle manufacturers usually handle these through their own claims teams or outside law firms. Expect a vehicle exam request.
- If the auto carrier is also pursuing the manufacturer, coordinate so both claims are presented together.
- Review the release with the release checklist, then close with the standard closing letter and the deductible reimbursement letter.
4. Letters for this loss
| Step | Letter | Sent to |
|---|---|---|
| Identify | Subrogation Opening Letter to Insured | Insured: VIN, repair records, photos |
| Notify | Notice of Subrogation Interest and Insurance Request | Manufacturer, dealer, shop, installer, vehicle owner |
| Notify | Notice of Subrogation Interest to Adverse Carrier | The vehicle owner's auto carrier, and each party's carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice and to Responsible Party | All parties, plus the tow or salvage yard |
| Investigate | Joint Lab Exam Notice | All parties, before the vehicle exam |
| Demand | Subrogation Demand to Adverse Carrier | Carrier(s) |
| Negotiate | Second Demand with Escalation Notice, Tolling Agreement Request | Carrier(s) |
| Settle | Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement | Client and insured |
Sources