Dealing with the aftermath of a wildfire can be difficult enough without facing an obstacle such as your insurance company denying your claim. If you find yourself in this situation, however, hope is available. An insurance claim denial does not mean you are out of options. With help from a California wildfire litigator, you can file an appeal and pursue the financial compensation you deserve. If you’re dealing with a home insurance denial with the recent LA wildfires, our Eaton Fire lawyers can help you explore your next steps.
Understand Why Your Claim Was Denied
The first step is to gain an understanding of why your insurance carrier denied your claim. This will give you the information you need to potentially have the decision reversed. Review the language of your policy carefully to understand your coverage. Then, read the denial letter. If the company did not give you a denial in writing, request it. Common reasons insurance carriers deny wildfire claims in California include:
- Missing documentation or proof of losses
- Lapse in homeowners insurance premium payments
- Missed claims filing deadline
- Failure to mitigate your wildfire damage
- Unapproved home or property repairs
- Policy exclusions or limits
- Avoiding responsibility for “Acts of God”
Ask the agent or claims adjuster for more information about why your claim was denied. You have the right to receive a detailed explanation. There may be something you can do to resolve the issue, such as submit further support documentation or clear up a misunderstanding.
Gather Evidence and Documentation
Many wildfire claims are initially denied because the insurance company needs more evidence. Take photos and videos of your property damage and submit these, along with multiple independent repair estimates from licensed contractors. The more documentation of the wildfire damage and your losses you have, the better. Recognize, however, that requesting an excessive amount of evidence from you could be a form of insurance bad faith. This is when an insurance company wrongfully mishandles a claim without an honest or good faith attempt to resolve the legal issue. In this case, you may need an attorney to help you file a lawsuit against the insurance provider.
File an Internal Appeal
If you cannot clear up the issue through conversations with the insurance adjuster, you may be able to file an appeal. This process typically begins with requesting an internal review of your claim, where the insurance company will assign a new adjuster to your case. If this review does not result in a reversal of the denial, the next stage is a more formal third-party review.
Complain to the California Department of Insurance
You can dispute a rejected wildfire claim by filing an official complaint with the California Department of Insurance. This may be the right choice if you suspect bad faith conduct by the insurance provider, such as unreasonable claim delays, inadequate investigation, wrongful denial or an unreasonably low settlement offer. The Department of Insurance will review your case and may require your insurer to reverse the denial.
Consider Hiring a Local Wildfire Attorney
If there is evidence that your homeowners insurance company has not handled your claim fairly or correctly, you may have the right to file a lawsuit against the provider for damages or financial compensation. A successful lawsuit could result in full policy benefits to pay for your home repairs in addition to damages awarded to penalize the insurer for bad faith practices. This may include your emotional distress and legal fees. Consult with a wildfire attorney near you for a full overview of your rights if your home insurance claim was recently denied. You may be eligible for an appeal or even a lawsuit against a utility company for its role in causing the wildfire. Contact Bridgford, Gleason & Artinian for a free case evaluation.