In January 2025, Southern California was struck by a series of wildfires. As the fires spread through Los Angeles thousands of people could only watch helplessly as their homes were engulfed in flames. For the first time Pacific Palisades looked eerie – instead of luxury homes and green hills, everything was in smoke and ash. Over 5,300 families were left homeless as the fire engulfed more than 20,000 acres. And then a second fire broke out in Eaton Canyon, leaving behind a devastation of nearly 4,000 acres and turning another 4,000 homes to ashes. These fires, declared a state of emergency by the Governor, resulted in a mandatory one-year moratorium on insurance policy cancellations and non-renewals, offering essential protections to homeowners.
In such tragedies, people are often unaware of their rights and the steps required to file a wildfire insurance claim. While coping with the trauma of losing their home, many accept the first insurance offer, not realizing that they are entitled to much more. It is crucial to know that the damage assessment must include all aspects of damage – from structural problems to air quality in buildings. California wildfire lawyers help identify all types of damages that insurance should cover, including the costs of temporary accommodation, replacement of personal belongings, and long-term rehabilitation of facilities.
General Elements of Fire Insurance in California
Did you know California law forces insurance companies to give you a free copy of your policy? Under Section 2071 of the California Insurance Code, insurers must give you the full policy, including the declarations page, within 30 days of your request
Your policy isn’t just about rebuilding your house. It covers way more than that. Sure, it helps pay for repairs and reconstruction, but it also replaces your destroyed belongings – everything from your furniture to your kids’ toys known as personal property coverage. And here’s something most people don’t realize: if you can’t live in your home, your policy should pay for your hotel stays and even meals legally called Additional Living Expenses (ALE).
Many policies offer extended replacement cost coverage – a crucial feature that provides additional funds above your policy limits if rebuilding expenses exceed expectations. This becomes especially valuable when construction costs surge after widespread disasters, which is common in California wildfire situations.
Building code upgrade coverage is another essential protection. If your home was built decades ago, modern building codes may require significant upgrades during reconstruction. This coverage helps pay for these mandatory improvements, protecting you from unexpected out-of-pocket expenses.
The Process of Filing Wildfire Insurance Claim | Step by Step
▶ Contact your insurance company immediately after the fire and request your full policy with declarations page
▶ Take detailed photos and videos of all damage, create a complete inventory list, and document any hidden issues like smoke damage or structural problems.
▶ Keep all receipts for Additional Living Expenses (ALE) like hotels and meals – these are costs beyond your regular bills that insurance should cover.
✳Remember, ALE does not cover pre-existing expenses like mortgages but ensures you maintain a comparable standard of living.
▶ File a proof of loss within 60 days of the fire, listing all damages and their values.
Mandatory One-Year Moratorium on Non-Renewals
California law, enacted through Senate Bill 824 (2018), provides critical protections for wildfire survivors:
- A one-year moratorium prohibits insurance companies from canceling or non-renewing residential policies in areas affected by declared wildfires.
- This protection applies to all residential policyholders within the fire perimeter and adjacent ZIP codes, regardless of whether they suffered a loss.
If your ZIP code is included in the moratorium which you can check here and you receive a cancellation or non-renewal notice, contact your insurance company to request reinstatement. If the insurer refuses, you can file a Request for Assistance with the California Department of Insurance.
Problems You Might Face With Your Wildfire Claim
First, verify any insurance adjuster who comes to your property. Always ask for an official ID and document their information. Insurance companies typically focus on obvious damage, but make sure they inspect thoroughly for hidden issues like smoke damage and structural problems.
Having trouble with your claim? Here’s what to do:
- Ask for written explanations when coverage is denied
- Request specific policy references for their decisions
- Document every conversation with your insurance company
- Consider hiring a public adjuster or attorney for complex claims
- Keep copies of all paperwork and correspondence
Many homeowners don’t realize that California law provides important rebuilding options. You can:
- Rebuild on your existing property
- Choose a new location to rebuild
- Purchase a different home entirely
- Keep your full replacement benefits regardless of your choice
Resources for Wildfire Victims
California Department of Insurance: Contact (800) 927-4357 for guidance, to verify licenses, or to file complaints.
Public Adjusters: Public adjusters can assist in negotiating claims but charge a percentage of your settlement. Ensure contracts are clear and fees only apply to additional funds secured after signing.
Wildfire Litigation Attorneys: For disputes or claims involving negligence (e.g., utility companies), consider hiring a wildfire litigation attorney.
Skip to content