Updated: Oct 11, 2024
Experiencing a fire can be devastating, leaving extensive damage and high recovery costs. Whether it’s due to one of the 6,733 wildland fires or the 3,461 structure fires in California in the past year, it can cause overwhelming losses for families and businesses.
While fire insurance is designed to help policyholders recoup their losses, the claims process isn’t always smooth. Some providers may delay payments or unfairly reduce the amount covered, leaving homeowners and businesses frustrated and financially strained.
Learn when to contact a fire insurance claim lawyer and how they can assist you during the claims process.
Understanding Fire Damage Claims
When a fire happens, the damage can be widespread, affecting visible and hidden areas of a property. Understanding the different types of fire damage is necessary to assess and include all losses in an insurance claim. Fire-related damage that can affect a property includes:
- Direct fire damage. This includes items burned, charred, or destroyed by flames. Depending on its severity and how quickly it was extinguished, fire can affect almost every structural element, appliance, or personal item.
- Heat damage. Heat can warp, melt, or compromise areas that weren’t burned. For example, it can crack windows, weaken metal, warp wood, or cause insulation to release toxic gases.
- Water damage. Water used to put out a fire can seep into walls, floors, and foundations, leading to wood rot, mold, electrical problems, and weakened structural integrity.
- Smoke and soot. Smoke and soot can penetrate walls, carpets, and furniture and linger in ventilation systems. Prolonged exposure to soot may also cause health issues, especially respiratory problems.
Documenting Fire Damage for Your Claim
After you file a fire damage claim, the insurance company sends an adjuster to assess the damage. They inspect the property, document what needs repairs, and provide an estimate. However, adjusters work for the insurance company, which means they may try to minimize the reported damage to avoid a large payout.
To protect yourself, document the damage and keep a detailed record of all related expenses.
- Take photos and videos. Capture clear, detailed images of all visible damage, including structural issues, furniture, and personal belongings. Record from multiple angles to show the full extent of the damage.
- Create a damage inventory. List all damaged or destroyed items and document their condition, original cost, and current fair market value.
- Save receipts and estimates. Keep receipts for emergency repairs or purchases, such as temporary housing or supplies. Get estimates from contractors for long-term repairs and keep all records of work done to your property.
- Record conversations. To prevent potential disputes, document every communication with your insurance company, including dates, times, and summaries of everything you discussed.
- Track ongoing damage. Not all fire damage is immediately visible. Look for hidden issues like smoke damage or mold and document their progression.
- Gather professional reports. If you bring in contractors, fire restoration experts, or independent adjusters, keep copies of their reports as additional evidence of the damage.
When Should You Call a Lawyer for a Delayed Fire Insurance Claim?
If your fire insurance claim is delayed and you’re not getting clear answers from the insurance company, it might be time to consult a lawyer. Long delays can impact your ability to recover losses, and a lawyer can help your claim move forward.
Here are a few situations where you should call a qualified insurance claim attorney to help protect your rights:
- Your claim has been delayed for too long. Under California law, insurance companies are required to handle claims quickly, but if you’ve been waiting weeks or months without updates, it could mean unnecessary delays. A lawyer can look into your claim, determine what’s causing the delay, and make sure the company meets its legal obligations.
- Your claim is denied without a good reason. You should receive a written explanation if the insurance company denies your claim. If the reason isn’t clear or doesn’t seem fair—like misinterpreting your policy—it might be time to talk to a lawyer who can look into whether the denial was justified.
- The settlement offer doesn’t cover the damage. If the insurance payout doesn’t cover everything, especially for hidden damages, an attorney can help you get a fair settlement. They can work with fire damage experts to estimate your actual damages and negotiate a payout that covers your losses.
- Disputes over what caused the fire. Sometimes, insurance companies try to deny claims by blaming the fire on negligence or criminal activity, like arson. If you’re facing these accusations, a lawyer can help prove the fire was accidental and that you’re owed coverage.
- Confusing legal or policy issues. Fire insurance policies can be complicated, and California laws protect you as a policyholder. If you’re having trouble understanding your policy or the insurance company isn’t following regulations, a lawyer can explain coverage and protect your rights.
What a Fire Insurance Claim Lawyer Can Do for You
A lawyer specializing in fire insurance claims can provide valuable assistance in several ways:
- Negotiate with insurance companies. Lawyers can advocate on your behalf to ensure your claim is handled fairly.
- File a lawsuit if necessary. Your lawyer may recommend legal action if the insurer refuses to settle or continues delaying without justification.
- Interpret California insurance law. Understanding how state laws apply to your claim can help protect your rights and identify violations.
- Seek compensation for additional losses. If the fire resulted in secondary damage, such as water or mold damage, an attorney can help you recover compensation for these additional losses.
Take the Right Steps to Protect Your Fire Insurance Claim
Don’t let a delayed or unfair fire insurance claim add to the stress of an already difficult situation. Consulting with a fire insurance claim lawyer can improve your chances of securing a higher settlement, achieving a faster resolution, and gaining peace of mind.
If you’re facing delays, lowball settlement offers, or denied claims, reach out to Shirvanian Law Firm. Our experienced team will fight to protect your rights and ensure you receive the compensation you deserve. Contact us for a free consultation to discuss your claim and explore your legal options.
