Fire Damage Lawyer

Lawyer for fire damage claims in florida

Surviving a house fire can be a terrifying and devastating experience. Ideally, you’ll be able to file a claim with your homeowner’s insurance policy after the fire, receive a settlement, and start repairing or rebuilding your home.

Some fire damage claims go smoothly, but in other cases, the claim process becomes another nightmare for you and your family to endure. Here’s what you need to know about filing a claim, maximizing your settlement, and dealing with claim denials and other complications.

Insurance companies investigate fire damage insurance claims before paying. Typically, your insurer will send a claims adjuster to document the damage and determine the cost to repair or rebuild your home. In some cases, the insurer will also coordinate with the fire department. Here’s what you should know about working with both.

Working With the Fire Department

In the event of a significant fire, your local fire department will likely compile a fire report — just like police will usually complete a report for a major car accident. A fire report will usually include information like this:

• The date and time of the fire
• Weather conditions
• Extent of fire and smoke damage
• The fire’s point of origin
• The cause of the fire
• What actions the fire department took to stop the fire
• Information on any injuries or fatalities
• Statements from witnesses
• Photos of the damage

If the insurance company needs information from the fire department, it will usually coordinate with the department directly. You may not be required to communicate with the fire department after its investigation is complete, but it’s often a good idea to get a copy of the comprehensive fire report.

This report will often play a pivotal role in your insurance company’s decision. Most fire reports are difficult for the average person to understand because they contain extensive technical jargon, but a property claims lawyer will be able to understand the report and how it may affect your claim.

If your insurance company denies or underpays your claim and you take legal action, your attorney may be able to use the fire report in a lawsuit or court proceedings.

Working With the Insurance Adjuster

Some insurance adjusters do their best to accurately assess the value of a claim. However, you should always remember that the adjuster doesn’t work for you. They work for the insurance company, and the insurance company’s primary goal is protecting its profits.

You should always remain polite when working with the adjuster, but don’t be afraid to push back if they try to minimize the value of the damage you report.

Working With Your Own Adjuster

When filing a fire damage insurance claim, you are not obligated to work with your own insurance adjuster. However, if the insurance company’s adjuster undervalues the damage to your home, the opinion of a public adjuster can work to your advantage. You may find a public adjuster on your own, but if you prefer, your attorney can recommend one.

Many fire damage insurance claims are processed and approved without issue. However, it’s also possible that your insurer will challenge or deny your claim. These are some common reasons for denials:

The Insurer Suspects Arson or Negligence

If the insurance company believes you may have set the fire intentionally, they may decline to pay your claim — at least until the fire can be more thoroughly investigated. Similarly, some policies specify that the insurer won’t pay if negligence (like leaving a stove on) caused a fire.

The Insurer Disagrees With Your Loss Valuation

In some cases, insurers deny claims because they think you have overvalued your losses. You may be able to successfully push back if you have independent repair estimates and/or work with an independent adjuster.

Your Coverage Lapsed

If you stopped paying your insurance premiums before the fire, your coverage may have lapsed. Depending on your policy terms, going for a certain period of time without paying your premiums may void your policy.

You Missed the Filing Deadline

Different insurance policies have different deadlines for filing fire damage claims. Once the deadline passes, your claim will be denied. Always check your policy as soon as possible after a fire, and make note of the filing deadline. Promptly contacting an attorney after receiving a denial ensures you have ample time to file an appeal.

Poor Documentation

To approve a claim, your insurer must have proof that the fire occurred and comprehensive documentation of all losses. Don’t rush to submit a claim without ample documentation. If you do, your claim is likely to be denied.

The Fire Was Caused by a Policy Exclusion

Fire damage insurance will cover most fires. However, if the fire’s cause was something specifically excluded by your policy (like arson), your insurance company will decline to pay.

If your insurance company denies your claim for any of these reasons, don’t panic. In the event of a denied claim, the best course of action is to consult a fire damage claims lawyer.

What Is Covered With Fire Damage?

Most fire damage insurance will cover the cost to repair or rebuild your home as well as the cost to repair or replace personal belongings. It also typically pays for stays in hotels or motels, meals, and additional living expenses incurred while your home is uninhabitable.

Why Would an Insurance Company Deny a Fire Claim?

Insurance companies often deny fire damage insurance claims for insufficient documentation. If the insurer believes your negligence or intentional actions caused the fire, they also may decline to pay the claim. If your claim is denied, an attorney may be able to help you file an appeal.

How Do I Get the Most Out of My Fire Insurance Claim?

If you want to maximize your fire damage claim, you should communicate proactively with your insurer, thoroughly document losses, and get independent repair estimates before agreeing to a proposed insurance settlement.