Wildfires can devastate entire communities, leaving families to pick up the pieces of their lives. At California Insurance Attorneys, we know how overwhelming it can be to recover from such a catastrophic loss. Our office in Santa Rosa, California, is located in area that suffered tremendous loss as the result of wildfires in 2016-2021. If your home has been damaged or destroyed in a wildfire or impacted by smoke damage, or you have otherwise been forced to evacuate or leave your home due to wildfire, understanding your rights as an insurance policyholder is critical. Below, we outline the legal rights and protections you have to help you clean-up, and repair or rebuild your home with money your insurance carrier is required to pay to you or for your benefit.
At California Insurance Attorneys, we specialize in protecting wildfire survivors and their rights. Here’s why we’re the best choice to assist you:
- Experienced Wildfire Insurance Claims Lawyers: Our team has extensive experience handling wildfire-related claims.
- Maximized Compensation: We fight to ensure you receive every dollar you’re entitled to under your policy.
- No Recovery, No Fee: You don’t pay us anything unless we win or settle your case. Our fees are based on a percentage of the amount we recover for you from your insurance carrier.
--- You may review our Retainer Agreement on our website at caia.legal by clicking on the link that says "HIRE US."
Call us today at 855-410-4242 for a free consultation. Let us show you why we’re "The intelligent choice."
Buying or Building at a New Location
If your home was destroyed in a wildfire, California law allows you flexibility in how you use your insurance benefits:
- Rebuild at a New Location: You can choose to rebuild your home on a different property.
- Purchase an Existing Home: You may use your insurance payout to buy a home that’s already built.
- Use Additional Benefits Elsewhere: Benefits such as Ordinance and Law / Code Upgrades and Extended Replacement Cost can also be applied toward rebuilding or purchasing a home at a new location.
(Cal. Ins. Code § 2051.5(c))
When buying an existing home, the insurance company must consider the entire purchase price, even if part of the cost is for land value. (Cal. Ins. Code § 2051.5(c)(2))
Timing is critical after a wildfire, and California law ensures you have adequate time to recover:
- You have no less than 36 months from the date of your first payment on the actual cash value of your loss to collect your full replacement cost. (Cal. Ins. Code § 2051.5(b))
- If delays occur due to circumstances beyond your control, such as contractor shortages or supply chain disruptions, you are entitled to an additional six-month extension for good cause.
Wildfire victims often face underinsurance issues, but California law provides a solution:
- If your dwelling coverage limits are insufficient, you have the right to use your Other Structures coverage to supplement the cost of rebuilding or replacing your home. (Cal. Ins. Code § 10103.7(a))
California law gives you at least 36 months from the first payment on the actual cash value of your loss. Extensions may also be granted for good cause.
Yes. You have the right to rebuild at a new location or purchase an already built home, and you can apply your benefits to the entire purchase price, including land value.
You can use your Other Structures coverage to supplement the cost of rebuilding or purchasing a replacement home if your dwelling coverage falls short.
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Recovering from a wildfire is a difficult journey, but you don’t have to face it alone. With the right legal team by your side, you can ensure your rights are protected and your future is secure. Contact California Insurance Attorneys today—we’re here to help you every step of the way.
