California wildfires are relentless. Flames devastate properties and wildlife. However, the flames are not the only thing that could cause damage. Even areas which were not touched by flames could see significant damage due to the smoke and ash caused by the fire. Although it might be a relief to see your home standing untouched by the flames, it might have sustained significant smoke and ash damage. It is easy to disregard smoke and ash damage as it is not as severe as burn damage; however, smoke and ash damage could prove to be costly. If your home sustained smoke and ash damage as a result of the Tenaja Fire, you might have grounds to pursue a claim with your homeowners’ insurance.
If you are thinking about pursuing an insurance claim for the smoke and ash damage resulting from the Tenaja Fire, do not hesitate to seek legal assistance with the experts at Normandie Law Firm. Normandie Law Firm has many years of experience handling a variety of claims, including property damage claims associated with fires. Our experts are ready to handle your claim and fight for your right to recover the compensation that you deserve. If you would like to discuss your claim with our experts to learn more about what your right to file a smoke and ash damage claim, contact us immediately.
The Tenaja Fire
There was a report of a fire in the La Cresta community (specifically near the intersection of Tenaja Road and Clinton Keith Road) on Wednesday (09/04/19) at approximately 4:00pm. As of Thursday morning, the fire grew to 1,400 acres (and was only 7% contained). As of Friday morning, the fire has grown to 2,000 acres with only 10% containment. Recent information states that approximately 800 firefighters are working towards containing the fire. So far, only two properties have sustained damage. This number is expected to increase as the fire continues to rage through the community. Even though the number of properties with fire damage (specifically burn damage) is low, many of the structures in the burn area will likely have significant smoke and ash damage.
The Damage Caused by Smoke and Ash
Fires can be devastating. Their flames could destroy entire homes. However, smoke and ash could also result in significant damage. Smoke and ash could affect all outdoor areas on your property, personal belongings, water filtration systems, ventilation systems, plumbing systems (including drains), windows, ceilings, and walls. It might be hard to believe that miniscule ash particles could buildup practically anywhere and cause so much damage. The smoke could stain and discolor practically anything that it comes to contact with. In many cases, smoke and ash damage requires professional attention to address – which can be costly.
You have the Right to File an Insurance Claim for Smoke and Ash Damage
You purchased homeowners insurance for a reason – because things happen. Although we never expect our homes to be damaged, we have to be prepared just in case. Having appropriate insurance coverage is part of being prepared. In general, homeowners’ insurance policies include coverage for fire damage as well as smoke and ash damage. If you have this coverage, you have the right to file a claim with your insurance coverage for the smoke and ash damage that your property sustained. Depending on your policy limits, your insurance company could reimburse you for the costs of professional cleaning services, temporary relocation, and even the replacement of damaged personal property. Although you are entitled to file a claim and recover compensation given that your smoke and ash damage claim is valid, you could encounter many roadblocks along the way.
Filing a Property Damage Claim is Not Easy
Filing a property damage claim for smoke and ash damage is not easy – specifically because insurance companies make the process difficult to avoid paying. Although you might believe that your insurance company will quickly compensate you just because you have been consistently paying your premium, there is a specific process that could result in a denied claim – even if your property damage claim is legitimate. The process generally includes the following: (1) the claimant filed the claim with the insurance company; (2) the insurance company sends a representative out to the property to evaluate damages; (3) the insurance company investigates the incident surrounding the claim; (4) the insurance company reaches a decision regarding the validity of the claim. Only if the claim is approved, the claimant will recover compensation.
Although the process seems simple enough, insurance companies are known to resort to needlessly complicate the process in efforts to avoid payouts. Some examples of complications that claimants might encounter even if their claims are valid include the following:
- Claims being significantly delayed in attempts to make claimants withdraw their claims
- Conclusions that the claim is false (accusation of insurance fraud)
- Conclusions that the claimed property damage occurred in an unrelated incident not covered by the insurance policy (such as an intentional acts)
- Conclusions that the damage was not extensive
- Conclusions that there is not enough supporting evidence to prove the claim
- Insurance representatives intentionally giving unclear information to clients
- Insurance representatives knowingly ignoring calls to needlessly delay the process
Unfortunately, insurance companies often get away with the cheap tricks they use to lessen payouts or completely avoid payouts. It can be draining to constantly fight with insurance companies so claimants simply stop pursuing their claims. Many claimants don’t even know that they have the right to appeal denied claims. In general, it’s the lack of information and appropriate representations that leads to perfectly valid claims being denied.
Hiring an Attorney Could Facilitate the Legal Process
As explained above, filing a property damage claim can be a complicated process. However, hiring an attorney can facilitate the entire legal process. Insurance companies are quick to try everything to avoid paying claimants – even if their claims are valid. By hiring an attorney, you are making sure that there is someone representing your best interests and keeping the insurance company on their toes. Hiring an attorney essentially ensures that there is someone looking out for you while you focus on moving forward from such a traumatic experience in your life. Hiring an attorney also betters your chances of recovering the right amount of compensation for your claim. In general, unrepresented claimants do not have the necessary information regarding the value of their claims; when they are offered a settlement, they usually just accept it – without knowing that they could recover even more. Attorneys know the maximum value of your claim and will aggressively negotiate with insurance companies to ensure that you are not cheated out of the compensation that is rightfully yours. Undeniably, claimants can represent themselves; however, hiring an experienced attorney will better your chances of reaching a successful claim outcome. If you are unsure about whether you should hire an attorney to handle your claim, contact our firm for more information.
The Most Important Steps to Take to Prepare to File a Smoke and Ash Claim
After learning that your property has sustained smoke and ash damage, it might be hard to start thinking clearly regarding the appropriate steps to take. Seeing the evidence of the smoke and ash damage might compel you to try to clean up; however, this is the last thing that you should do. After learning that your property was damaged by smoke and ash, it is important that you think and act logically. You should do all of the following:
- Photograph the smoke and ash damage throughout your property
- Report the smoke and ash damage to your insurance company
- Evaluate the value of the property damage
- Contact a professional smoke and ash clean-up service
- Collect all expense information surrounding the smoke and ash damage
- Contact a property damage lawyer with experience in the damage caused by fires and smoke and ash claims
Dealing with property damage – especially when insurance companies are making it harder than it should be – can be stressful, frustrating, and time-consuming. With the assistance of an attorney, the process of dealing with your smoke and ash damage will be much less demanding on you. Specifically, your attorney will deal with your claim every step of the way so that you don’t have to. For more information about the different steps that you should take to pursue a claim against your insurance company for the smoke and ash damage your property sustained, contact us today.
Contact Normandie Law Firm
If your property sustained fire damage – specifically smoke and ash damage – during the Tenaja Fire, you might be interested in your right to pursue a claim for compensation against your insurance company. Any sort of property damage is unfortunate; however, there is something truly devastating about smoke and ash claim – your home was spared from the damage of the scorching claims but it still sustained significant damage. If your home sustained smoke and ash damage, you might have to fight with your insurance company to ensure that you are rightfully compensated. If you would like to learn more about the possibility of filing a claim against your insurance company to ensure that you are compensated for the smoke and ash damage that your property sustained, do not hesitate to seek legal assistance with the experts at Normandie Law Firm as soon as possible. The experts at Normandie Law Firm have many years of experience handling a variety of claims and aggressively fighting for the rights of our claimants. If you would like to discuss the possibility of filing a claim with one of our lawyers, do not hesitate to contact our law firm today.
When you contact Normandie Law Firm, you will find that we offer free legal services, specifically, free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. Our lawyers will ensure that you have access to all the information that you need to pursue your claim. If you would like to benefit from our free legal services, do not hesitate to contact immediately.
Our free legal services are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Because our firm is also based on a contingency structure, our clients will never be required to pay anything until after reaching a positive claim outcome. If you are ready to discuss your smoke and ash damage claim with our lawyers, contact us today – we want to help you recover the compensation that you deserve.
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