Wildfires in Los Angeles have left many homeowners facing overwhelming losses and uncertainty. At Ness Law, we know how devastating it can be to navigate insurance policies, property damage, and legal claims while trying to rebuild your life.
I’m Hovick Oganesyan, and in this article, I’ll address some of the most common questions people are asking online about wildfire-related claims. When should you file with your insurance company? Do you really need an attorney if you already have coverage? What damages will your homeowner’s policy pay for? And what happens if a utility company or another third party was responsible for the fire?
These are complicated issues with answers that depend on both California law and the fine print in your policy. My goal is to provide clarity, highlight your rights, and explain how our firm can help you secure the compensation you need to recover.
Transcript:
Hi, I’m Hovick Oganesyan from Ness Law and I’m here to answer the most commonly Googled questions regarding the recent L.A. wildfires.
When Do You Need to File a Claim With Your Insurance Company?
The answer to that question varies from policy to policy, from insurance company to company. But it is important that you or your attorney file a claim immediately after a loss. Most policies would allow a claim to be filed up to a year, but that’s not recommended. Some policies require that a claim be at least notified within the first 30 days of loss.
The reason why it’s vital to file a claim early in the process is because over time the damages to your property might dissipate. Whether there’s ash or smoke damage, windy conditions or rain conditions could kind of destroy your evidence. So I highly recommend you file a claim or have your attorney file a claim as soon as possible.
Do You Need to Hire an Attorney If You Have Insurance?
The answer to that question is absolutely. The insurance companies are not your friends. There’s this common misconception that they’re on your side. That’s absolutely false. Without representation, the insurance company would take advantage of you in many different ways. They will significantly undervalue your claim and they will not even express to you all the coverages you’re entitled to. Therefore, I suggest that you speak to the attorney before you speak to your insurance company.
What Will Your Homeowner’s Insurance Policy Cover in the Event of a Fire Loss?
Your homeowner’s insurance policy would cover any damage to the dwelling that is considered the structure of the property—the home you live in. In addition to the home, it would also cover any damage to a garage or even to a shed that you had in your backyard.
In addition to the dwelling coverage, your homeowner’s policy would cover any damage to personal property. Personal property can include anything from appliances to furniture, basically anything that you had within the home.
In addition to those coverages, your policy would also cover any additional living expenses. In the event that you’re forced to evacuate from your home, your insurance policy would cover all the costs associated with that. It would cover the cost of finding a new place to live. It would cover the cost of you moving and also cover you for any additional meals that you have to pay out of pocket for.
What Kind of Claims Can You File in the Event of a Fire Loss?
There are two types of claims in these situations. There are first party claims and third party claims.
First party claims are claims that you file against your homeowner’s insurance policy. You could file a claim against your homeowner’s insurance policy in the event that your house was a total loss, meaning completely burned down, a partial loss, meaning there is some charring, or even if you just had smoke and ash damage on your property. All three of those give rise to a valid homeowner’s insurance claim.
Third party claims are claims that we file against a third party that may have been negligent in causing these fires. For example, utility companies, Department of Water and Power, any third party that may have had any wrongdoing or negligence that may have caused damage to your property.
Will Your Insurance Company Advance Money to You Without It Affecting Your Claim?
The first party claim process for property damage is a fluid process, meaning that there’s really no finality to it. What I mean by that is your insurance company, throughout the claim process, will pay for certain things, and accepting those funds does not consider your claim being closed.
For example, in the event that you do have to relocate, your insurance company would either pay you directly to go find a new place to live or actually rent the premises for you. Even when they do an initial estimate of your property, they could issue funds to you directly, and your acceptance of those funds does not mean that your claim is closed.
So it’s a fluid process, and accepting money in advance or early on in the claim does not preclude you from getting additional money towards the end of the claim process.
How Long Would a Wildfire Lawsuit Take?
There are two types of lawsuits that occur in the event of wildfires. One is a first party lawsuit against your homeowner’s insurance policy, and the second is a third party lawsuit.
In a first party lawsuit against your homeowner’s insurance policy, that typically occurs after two situations. One would be when your insurance company has wrongfully denied your claim, or two, they have significantly undervalued your claim. Both those situations would result in us filing a lawsuit against them to prove that you had valid coverage or to prove that your claims were significantly higher than what they’re offering you.
A first party lawsuit typically ranges from—I’ve had cases settle about a month after filing a lawsuit, and I’ve had some take up to a year, 12 months. There’s a lot of factors that go into it. Of course, the calendar plays a factor in that.
With a third party lawsuit, that’s what we refer to as a mass tort. Those take a significantly longer time because there’s so many moving parts involved. In this situation, there’s going to be 30,000, 40,000, 50,000 people that have filed their lawsuit against one or two defendants.
Is There Any Cost to Review Your Wildfire Case?
The answer is no, there’s absolutely no cost. My office offers a free consultation. What that includes is we’ll go through your insurance policy, absolutely free for you. We’ll review your coverages, we’ll also discuss what to expect and what the possible outcome would be of your claim.
How Much Does It Cost to Hire My Law Firm for a Wildfire Claim?
The answer to that question is it costs nothing. We work purely on a contingency basis. That means that we charge a percentage on recovery. Basically, if we’re able to recover money on your behalf, my fee will be a percentage. In the event that we’re not able to recover anything for you, you never pay anything out of your pocket.
Contact a Los Angeles Wildfire Lawyer About Your Claim
In the aftermath of the Los Angeles wildfires, acting quickly can protect your rights and strengthen your claim. At Ness Law, we’re here to guide you, fight for fair compensation, and help your family recover with confidence. Call our office today for a free consultation.