Next Steps After a Fire: Legal Experts Share Their Insight
LeagalEASE accompanies two of our partnering attorneys - C. Mario Jaramillo, Esq. with Access Lawyers Group and Martin J. Kaufman with The Kaufman Law Firm assisting us with providing advice to those affected by the devastating impact of the wildfires, specifically the 2025 California wildfires in and around the Los Angeles area in recent weeks - Palisades Fire, Eaton Fire, and Hughes Fire.
What is the first step someone should take after a fire, once they are safe? The very first thing you should do is locate and gather all your insurance policy documents. This policy is your roadmap to financial recovery, outlining your coverages, the steps you need to take, and ultimately, what you are entitled to receive. After reviewing these documents, you must notify your insurance carrier, agent, or broker of the loss as soon as possible, as there are often time-sensitive requirements. Then you should review the declaration page of your policy which has the specifics on your coverage limits. Start the inventory process by documenting, room by room, every item damaged, including items that may not be covered in your policy.
What types of damages can you claim as a fire victim?Insurance policies generally cover three main categories: Coverage A for the dwelling itself, Coverage B for other structures like detached garages or workshops, and Coverage C for personal property. Coverage D pertains to loss of use, which includes additional living expenses (ALE) incurred during repairs or fair rental value. It's crucial to document everything, down to the last toothbrush. Claim all damages, and if your claim is denied or you receive less than you believe you are entitled to, the insurance company is obligated to provide a detailed explanation.
How do you file an insurance claim for damage caused by fire, smoke, or water?To begin the claims process, you must notify your insurance carrier. If you have an agent, contact them, as they can guide you through the process. The process may vary by company, and forms will differ. Remember to document and express specific details like smoke damage by describing how the smoke is affecting a room, as such damage can be substantial. The insurance company is legally required to respond in a timely fashion and should assist you through the process.
How can you ensure your damages are covered fairly and to the full extent of your legal rights?Given that insurers will be overwhelmed after a large fire event, you must be thorough in your documentation. It is essential to itemize every single damaged item. Keep track of all receipts, photos, and other proofs of ownership and loss. If you have pictures showing the contents of rooms that will serve as great evidence to provide to insurance companies. Collect all documents and store them in a secure location for easy reference. By doing this, you strengthen your claim and reduce the likelihood of your claim being questioned or improperly evaluated.
Do you still have to pay your mortgage, rent, and car note after a fire?Unfortunately, yes. Lenders may offer temporary relief, such as 90 days of forbearance on mortgages with certain lenders. It is crucial to document and contact lenders immediately. While some banks or credit unions may be willing to defer payments for a short time, you will have to reach out to your lender or loan provider to determine what is possible.
Will insurance cover veterinary treatment for pets injured in the fire?Generally, homeowner's insurance will not cover veterinary treatment for pets injured in a fire unless it was specifically added as coverage to your policy or you had separate pet insurance. It's important to review any separate pet insurance policy you may have to determine its coverage.
Is there any tax relief for fire victims? Yes, there is a good possibility of tax relief for fire victims. For instance, the deadline for filing income taxes has been extended to October. Also, the California Board of Equalization offers disaster relief for property taxes, with potential deferrals and reductions depending on the value lost. Businesses and agricultural operations with losses may also be eligible for tax relief. Consult your tax advisor for your individual situation and call the IRS for help.
How can fire victims protect themselves from predatory practices?Be extremely cautious of unsolicited cash offers for your property. Block any direct communication from these land speculators and consider deferring to your legal counsel if you have one. The focus should be on rebuilding and properly recovering losses, not on selling a property in a vulnerable state for less than what it's worth. Moreover, beware of financial predators through email phishing scams. Do not click on unknown links or share financial information over unverified sources. Seek advice from reputable local attorneys experienced in wildfire cases to understand your rights.
Thank you to our firms for their willingness to educate and provide general advice to those impacted by these recent wildfires. Please note the attorneys participating in this interview as well as myself are in the fire areas and are currently experiencing the devastation from this unprecedented event in real time along with our neighbors in our local communities in and around Los Angeles, Pacific Palisades, Malibu, Altadena, Sierra Madre, and Pasadena.
Additional Information from Congressman, Brad Sherman - serving the San Fernando Valley and Westside California, 32nd district of California. Read More
Additional Press Releases provided by The California Department of Insurance. Read More
We are heart-broken by the devastation of the wildfires in and around the communities of Los Angeles. LegalEASE stands ready to help any employee in any of our client companies with extra help, consultation, and advice in dealing with the insurance claims or insurance companies related to a wildfire loss.