Your Rights as a Fire Victim
You Deserve Fair Treatment From Your Insurance Company
Insurance companies have legal obligations to their policyholders after a wildfire. Your insurer must honor the coverage you paid for, including the cost to repair or rebuild your home, replacement of your personal belongings, and additional living expenses while you're displaced.
Your insurer is required to:
Provide a complete copy of your policy within 30 days of request
Explain your coverage limits and options in plain language
Respond to your questions promptly
Give specific policy reasons for any claim denial
Time matters when you've lost your home. Insurers must acknowledge your claim within 15 days, begin investigation promptly, and pay undisputed portions of your claim without unnecessary delay. If they're not meeting these obligations, you have recourse.
You Have the Right to Advocate for Yourself
Knowledge is power when dealing with insurance claims. Document everything by keeping a claim diary of all conversations with your insurer. Take photos of all damage, save receipts for all expenses, and get independent repair or rebuilding estimates from licensed contractors.
If your settlement offer seems low, ask for a detailed explanation and provide evidence supporting higher costs. Request a supervisor review your claim and consider filing a complaint with the California Department of Insurance if you believe you're being treated unfairly.
You Have Time to Make Good Decisions
Don't feel pressured to settle quickly or hire the first contractor you meet. For state-declared wildfire disasters, California law gives you at least 36 months to collect full replacement cost benefits, a minimum of 36 months of Additional Living Expense coverage, and 24 months to challenge an insurer's decision in court.
Take a step back and get multiple contractor bids. Carefully review any contracts before signing and consider your family's specific needs and timeline. The rebuilding process is a marathon, not a sprint, and there are very few decisions that must be made immediately.
You May Have Options Beyond Insurance
When wildfire damages are caused by negligence, you may have additional paths to recovery beyond your insurance policy.
Southern California Edison has reported their equipment was in the vicinity of the Eaton Fire's origin. This may create additional recovery options for losses exceeding your policy limits, deductibles you paid, uninsured losses, and compensation beyond what insurance covers.
Don't overlook important government assistance programs:
FEMA disaster assistance
SBA low-interest disaster loans
State and local relief programs
We recommend registering for these programs early, even while your insurance claim is in progress.
Our attorneys understand what you're going through. We can review your insurance policy and claim status, explain your legal options in clear language, deal directly with insurance adjusters on your behalf, and hold negligent parties accountable.