Fire Damage Victim Rights Legal article by California attorneys

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-- Mr. Chris B (Local contractor and Laguna Niguel family man)

"Your firm helped me through one of the most difficult time of my life. You were all so gracious about any questions I had. The speed with which you brought my legal case to a fair and fast conclusion was so appreciated and I am sure I would not be in the position I am in if you hadn’t resolved it and got the monetary help for me."

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10 Things Every Fire Victim Needs To Know BEFORE Settling Their Property Damage Loss Claim

Raging wildfires have forced an estimated 320,000 people to evacuate their homes as firefighters struggled to keep pace with shifting winds and advancing flames. California’s Insurance Commissioner, Steve Poizner, states, “Hundreds of millions of dollars worth of damage will likely be caused by the fires raging in Southern California."

Please keep in mind that California has a standard form of fire insurance policy (see California Insurance Code Section 2071). The form mandates that the insurer write coverage "to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after the loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all loss by fire ... and by removal from premises endangered by perils insured against in this policy."

The problem with the "standard form policy" is that without exception, it contains various technical and substantive requirements that may jeopardize or result in a loss of coverage if you do not properly comply. It's important for you to be familiar with the requirements of a policy and attempt to comply with those requirements to the best of your ability under the circumstances.

Having said this, please review the following pointers…

1. Do Not Rush To Settle Your Fire Loss Case- Once you sign a final property damage release, your claim is officially over. After the 2003 California wildfires, a law was enacted prohibiting adjusters from soliciting homeowners for negotiating claims for seven calendar days from the date of the disaster. The purpose of the law is to permit victims, such as victims of this week's fires, to have some time to comprehend their losses before settlement figures relating to their losses are solicited. Receiving “advances” from your insurance company to help you through the tough times is fine but make sure you do not sign any final settlement releases until you entire claim has been resolved.

2. Contact Your Insurance Company- Find out the name of the adjuster and claim number assigned to your case. Get all of his or her contact information (phone, fax, address and email address). If you have been forced to move from your home, give them your contact information (See below for several good suggestions). Ask for a complete copy of your homeowner’s insurance policy. You will want to review the coverage terms and limits during the repair and replacement process. Note that when it comes to personal property, a “Replacement Cost Policy” means that your insurance company owes you the cost to replace the damaged items with similar items. Actual Cash Value Policies will get you the depreciated amount.

3. Document Your Loss- Put together a folder or computer file of all pictures and videos of your property damaged in the fire. At the same time, make a list of each item which includes a description, date and location of purchase and amount paid. When you have access to your property, photograph and videotape all damaged and destroyed items. Digital photos are best because you can quickly email them to your claims adjuster. If possible, physically walk the property with the claims adjuster and describe in detail all of your lost or damaged property.

Note- Claims adjusters are well trained to specifically negotiate claims. As with any other profession, some are good and will have your best interest in mind. In other instances, other adjusters are simply focused on how much money they can save their insurance company. It’s OK to be friendly but make sure you take your time and evaluate all options. Do not allow an adjuster to tell you that part or all of your loss is not covered. Insist that he describe specifically in writing what he believes is not covered and why.

4. Use Only Licensed Contractors- Get several independent estimates from reputable licensed contractors. The law allows you to hire a licensed contractor of your choice so insist that any differences in repair estimates be worked out between your insurance company and the contractor. Personal referrals are a good way to find a reputable contractor. Keep in mind that the good contractors will probably be in high demand so be patient. Be very cautious if you are contacted by someone claiming to be a licensed contractor. Check all contractor references with the California State Licensing Board at http://www.cslb.ca.gov

Contractor fraud is a very real concern. So much so that even the CSLB warns consumers to be careful. It has set up a Disaster Help Center at their web site. You can download the CSLB pamphlet entitled, “After A Disaster Don't Get Scammed- Tips on protecting yourself after a disaster” from the CSLB web site listed above.

5. Utilities and Bills- Contact your utility companies and put them on notice of your loss and suspension of services. Notify your creditors of your loss. In some instances, payments can be re-scheduled or temporarily placed on hold.

6. Cell Phone- Make it easy for the insurance company, building contractors, family, friends and employer to communicate with you. If you have a cell phone, notify all key contacts of your new primary number. Contact the telephone company and have them forward calls from your home to your cell number. If you don’t have a cell phone, it only takes about an hour to get one. In Southern California, we've found that Verizon seems to work best.

7. Email- If you haven’t done so already, set up a free Yahoo or Google email account that you can access from any web browser. This will allow you to communicate and review documents via email attachments without the delay (or excuse) of missed mail.

8. Post Office- Contact the post office to coordinate a new temporary delivery location for your mail.

9. Expenses- Keep receipts of all living and out-of-pocket expenses associated with your loss. This includes hotel bills, food, clothing and transportation.

10. Documents- Make sure you understand what you are being asked to sign. Again, DO NOT sign any final releases until you are satisfied that all repairs have been made and you have been fully compensated for your loss. It's better to take a little longer and do things right than to rush to conclusion and find out later on that you missed something.

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Resources

Department of Insurance

Hotline- 800.927.HELP (4357)
Web Site- www.insurance.ca.gov
Callers from out of state- 213.897.8921
Telecommunications Devices for the Deaf (TDD), dial 800.482.4833

California State Licensing Board

Web Site- www.cslb.ca.gov
Disaster Hotline for Fire Victims Only- 1-800-962-1125

Special Report- “After A Disaster Don't Get Scammed- Tips on protecting yourself after a disaster” File a complaint against a contractor- www.cslb.ca.gov or 800-321-2752

United Policyholders is a non-profit charity that's been helping insurance consumers

Web Site- www.unitedpolicyholders.org

The Disaster Recovery Handbook & Household Inventory Guide entitled, "How to Recount and Recover from Your Losses after a Fire, Flood, Earthquake, Hurricane, or Tornado"

Federal Emergency Management Agency (FEMA)
1-800-621-FEMA

www.fema.gov

Community Service Support (food, shelter and emotional support)

Rotary International- www.rotary.org

American Red Cross- www.redcross.org

United Way- www.unitedway.org

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Special Note To Consumers…

Please Be Careful! A recent report provided by the American Association For Justice exposes the insurance industry's profits over policyholders objective. The report is entitled, "Pattern of Greed 2007-- How Insurance Companies Put Profits Over Policyholders" reveals that in the two years since Hurricane Katrina decimated the Gulf Coast area, big insurance took in more than $100 billion in profits while thousands of insured victims continue to battle their insurers over denial of rightful claims.

See for yourself what's really going on and learn how to protect your family from these types of illegal business tactics. Go to http://www.jacksonwilson.com/justice to read the report.

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