Wildfires have become accepted as a normal part of living in California. Yet the most destructive and fatal wildfires in California’s history have been caused by human activity – namely, negligence by utility companies. Knowing when you have the right to file a wildfire damage claim can help you seek justice and financial compensation through all available legal remedies. Speak with our wildfire attorney to explore your options.
Home and Property Owners
Anyone who owns property or land in California that is negatively affected by a wildfire has the right to file a related claim as long as they have the right type of property insurance. A typical homeowners insurance policy in California may have wildfire exclusions. It is important to understand the terms of your policy before attempting to file a claim. If you suffered fire or smoke damage to your home, your property was completely destroyed, your landscaping or yard was damaged, or you lost beloved pets or livestock, you could be eligible for financial compensation through a claim with your property insurance provider. You could also be an eligible claimant as a farmer or agricultural landowner.
Renters
As a renter in California, you could also be eligible to file a wildfire damage claim if your personal property or belongings were damaged or destroyed. You could file a renter’s insurance claim if you have this type of policy. If someone is held liable for the wildfire through a lawsuit, you may also qualify to join.
Small Business Owners
Businesses can be severely affected by wildfires. Physical damage to a store and inventory losses can cost thousands of dollars to repair and replace. In addition, wildfire smoke and mandatory evacuations can significantly decrease local foot traffic. A small business owner with commercial property and business interruption insurance can file a claim for repairs, profit losses and more.
Motor Vehicle Owners
If a motor vehicle was damaged or destroyed in a wildfire, the owner may be able to file an automobile insurance claim for repairs or replacement. However, this will only be an option if the owner purchased comprehensive coverage outside of the mandatory liability coverage in California.
Evacuees
Anyone impacted by the fire – even those who were not directly in the path and did not suffer any property damage – can file claims for the losses they did suffer. This can include travel expenses, relocation costs, rental or hotel costs, and lost wages related to a mandatory evacuation.
People With Wildfire Injuries
Wildfires can cause serious injuries and deaths by spreading so rapidly that those in its path cannot seek safety in time to avoid smoke inhalation or burns. Anyone injured by a wildfire in California has the right to seek financial compensation for related medical costs if someone is held responsible for causing the wildfire. This includes utility companies that spark fires through faulty electrical equipment. Our Eaton wildfire lawyers are handling these claims for the recent LA fires.
Insurance Claims vs. Wildfire Lawsuits in California
When determining your legal rights in the aftermath of a California wildfire, it is important to understand the distinction between an insurance claim vs. a lawsuit. You may be eligible to file a wildfire damage claim against another party for causing your losses in certain circumstances. A lawsuit could result in greater compensation than an insurance claim alone. Many wildfires are traced back to utility companies, such as Pacific Gas & Electric (PG&E). In California, state law allows claims to be filed against public utilities and government entities for wildfire damage without requiring proof of fault. If someone other than a government entity or public utility started the fire, a lawsuit based on negligence may also be available. Find out if you qualify for damages from a wildfire claim by requesting a free consultation with the attorneys at Bridgford, Gleason & Artinian.