California Fire Victim Rights
Frequently Asked Questions
What should I do if my insurance claim is denied?
Request a written explanation citing specific policy language. If you believe the denial is wrong, you can:
Write a formal appeal with supporting documentation
Ask to speak with a claims supervisor
File a complaint with the California Department of Insurance
Contact us for a free consultation
Remember: California law protects wildfire victims, and insurers must have valid reasons based on your policy language to deny coverage.
How long will it take to settle my claim?
While every claim is different, California regulations require insurers to:
Acknowledge your claim within 15 days
Accept or deny your claim within 40 days after receiving proof of loss
Pay the undisputed portion of your claim within 30 days
After major wildfires, these timelines can stretch due to high volume, but insurers still must act reasonably. Full settlement of complex claims with significant damage can take months, especially if there are disputes about coverage or rebuilding costs.
If your insurer is taking excessive time without explanation, this may constitute unreasonable delay – a form of bad faith. Contact us if you're experiencing long delays without progress.
Why is my insurance company’s settlement offer so low?
Insurance companies often start with lower offers hoping you'll accept. Common reasons for low offers include:
Missing damaged items in their assessment
Underestimating rebuilding costs
Applying excessive depreciation
Overlooking code upgrade requirements
You don't have to accept their first offer. Gather evidence supporting higher costs and request reconsideration.
What’s the difference between ACV and replacement cost?
Actual Cash Value (ACV) is the depreciated value of your property at the time of loss.
Replacement Cost Value (RCV) pays what it actually costs to replace or rebuild your property without depreciation.
Most insurers pay claims in two steps: first an ACV payment, then the remaining "depreciation holdback" once you complete repairs or replacement.
After wildfires, California law gives you at least 36 months to claim full replacement costs, even if your policy says less.
Do I need a lawyer for my wildfire insurance claim?
Not necessarily. Legal help becomes valuable when:
Your claim has been denied and appeals aren't working
The amount in dispute is substantial
You suspect bad faith practices
You're overwhelmed by the process while trying to rebuild
Our free consultation can help determine if representation would benefit you.
What should I bring for my consultation?
To make the most of your consultation, please bring:
Your insurance policy (declarations page and full policy)
Any correspondence with your insurance company
Claim denial letter (if applicable)
Photos of damage
Any estimates you've received for repairs
Inventory of damaged/destroyed property (as complete as possible)
Records of your living expenses since being displaced
Don't worry if you don't have everything – we can still discuss your situation and help you develop a plan. Our initial evaluation of your claim typically takes 1-2 weeks, depending on the complexity.
What is the deadline for taking action related to the fire
For insurance claims in California wildfire disasters, you have 24 months from claim denial or final payment to file a lawsuit against your insurer.
For potential claims against utility companies or other liable parties, the statute of limitations is generally 2 years from the date of injury (the fire), but various factors can affect this deadline. Don't delay in consulting us about your options – waiting can limit your ability to recover full compensation.
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 fire 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.