Property Damage

Wildfires Change Everything

In California, wildfires can upend lives overnight. If you have lost your home, business, or possessions, you are not alone. Many Californians face the same nightmare each year, wondering how to start over and whether insurance or those responsible for the fire will truly help. Understanding your legal options is the first step toward rebuilding. Our attorneys at Attain Law focus on helping families and businesses recover after wildfire disasters. For guidance on other wildfire issues, such as utility negligence, or to see how evacuation costs may fit into your claim, our resources can help.

What Is Property Damage?

Property damage is any harm to your real or personal property caused by wildfire, smoke, firefighting efforts, or debris. This includes:

• Structural damage to homes or buildings
• Loss of personal belongings (furniture, electronics, clothing)
• Damage to vehicles, equipment, or inventory
• Destruction of landscaping, fences, or outbuildings

If your property was damaged by wildfire, you may have a claim under your insurance policy or against a third party, such as a utility company. For details about holding utilities accountable, see our page on utility negligence.

Key California Laws

California law offers several protections for wildfire victims:

• Insurance Code Section 2051.5: Requires insurers to pay the actual cash value of damaged property and provides extra time for rebuilding.
• Code of Civil Procedure Section 338: Sets time limits for filing property damage lawsuits (generally three years).
• Public Utilities Code Section 2106: Allows lawsuits against utilities for damages caused by their negligence.

State law also prohibits insurers from canceling or refusing to renew policies in wildfire-affected areas for at least one year after a declared emergency. If you are experiencing issues with your insurer, our guide on coverage denials may help.

Insurance Companies’ Responsibilities

Insurance companies must:

• Promptly investigate and process claims
• Provide full and fair payment for covered losses
• Explain any coverage denials in writing
• Offer additional living expense coverage if you cannot live in your home

If you feel your insurer is not acting in good faith, see our page on bad faith claims.

Steps to Take After a Wildfire

Recovering from property loss is overwhelming, but taking these steps can protect your rights:

• Document Damage: Take clear photos and videos of all damage, both inside and outside.
• List All Losses: Make a detailed inventory of lost and damaged property, including approximate values.
• Keep Receipts: Save receipts for repairs, temporary lodging, and other fire-related expenses.
• Notify Your Insurer: Report the loss as soon as possible.
• Request a Copy of Your Policy: Review coverage limits and exclusions.
• Track Communication: Write down dates, names, and details of all conversations with your insurer.

For more help documenting losses, read How to Document Property Damage for Claims. If you lost your home, you may also have a claim for smoke damage.

Who Might Be Liable?

In some California wildfires, a negligent utility company or other third party may be responsible. If official investigations find that a company’s equipment caused the fire, victims can often pursue compensation beyond what insurance covers. Learn more about utility lawsuits after major fires.

Damages You Can Recover

Wildfire property damage claims in California may include:

• The cost to repair or rebuild your home or business
• Replacement of personal property (furniture, appliances, clothing)
• Temporary housing or business interruption expenses
• Landscaping and fencing restoration
• Emotional distress damages (in certain cases)
• Attorney’s fees, if allowed by law

See our article on recovering full compensation for fire-damaged homes for more specifics.

Dealing with Insurance Settlement Offers

Insurance companies may offer quick settlements that do not cover all your losses. Do not feel pressured to accept the first offer. Review every offer carefully and consider consulting an attorney if you feel shortchanged. For common problems and solutions, visit how to dispute low insurance payouts.

When to Consider Legal Action

You may need to take legal action if:

• Your insurance claim is denied or underpaid
• The at-fault party (such as a utility) will not accept responsibility
• You need help calculating your full losses

Our attorneys handle property damage lawsuits and related claims for wildfire victims.

Frequently Asked Questions about Wildfire Property Damage in California

How long do I have to file a wildfire property damage claim in California? You generally have three years from the date of loss to file a lawsuit for property damage in California, but insurance policies may have shorter deadlines for making a claim. Report your loss as soon as possible.

What if my insurance company underpays my claim? If you believe your payout is too low, you can dispute the amount by providing additional documentation, requesting an independent appraisal, or consulting a lawyer. Bad faith insurance practices are prohibited under California law.

Can I sue a utility company for wildfire damages? Yes. If a utility company’s negligence caused the fire, California law allows victims to pursue compensation in court, in addition to any insurance recovery.

What should I do if I lost important documents in the fire? Contact your insurance company for guidance and request replacement copies of critical documents (IDs, deeds, policies) from relevant agencies. Insurers often accept alternate proof if originals were destroyed.

Are temporary living expenses covered after a wildfire? Most homeowners and renters policies in California include Additional Living Expenses (ALE) coverage, which helps pay for temporary housing and related costs while your home is being repaired.

You Are Not Alone

Wildfire recovery is difficult, but you do not have to face it alone. Attain Law’s attorneys are committed to helping Californians rebuild. If your property has been damaged by wildfire, contact us today for a free consultation or call (888) 970-8627. We’re here to support you.