California Wildfire Victims: Your Rights if Your Insurer Delays or Denies Your Claim
- Move Your Biz
- Nov 20
- 2 min read
After a wildfire in California, homeowners may face smoke, structural and debrisflow damage and insurers may delay or deny claims. Learn your rights and legal options.
By Jasmine Daya, Esq.
The aftermath of wildfires in Southern California presents unique hazards: smoke intrusion, structural damage, debris flows, and water damage from fire suppression. For homeowners, the risk of a delayed or denied insurance claim rises dramatically. At Geraci LLP, we’re deeply familiar with the issues, especially within Los Angeles County and surrounding fireprone zones.
What makes wildfire claims different
Smoke & ash damage are often gradual and hidden, yet insurers may argue “wear and tear.”
Debrisflow & mudslides after fire clearcut hillsides can cause damage that looks “unrelated” to the fire.
Repair delays after largescale events cause secondary damage (water intrusion, mold) which insurers may try to exclude.
Common insurer tactics after wildfires
Denial based on missing “fire origin” reports or ambiguous cause.
Delay because of volume — they argue “we’re processing all claims” but you wait months.
Low settlement offers claiming “partial damage” when destruction is full.
Your rights under California law
You are entitled to the full value of your covered loss, not what the insurer chooses.
The insurer must act reasonably and in a timely fashion.
If they delay or deny unreasonably, you may have a badfaith claim.
Time to act: Statute of limitations—commences when you know your rights are harmed.
What you should do ASAP
Photograph damage as soon as safe.
Keep fire incident reports, communications from the insurer, and all documentation.
Seek a second opinion from a public adjuster or property damage expert.
Retain an attorney experienced in firerelated claims, early involvement gives you leverage.
(Internal link: “What to Do If Your Homeowners Insurance Claim Is Denied in California”)
The time is now
In SoCal, wildfire seasons are not episodic, they’re expected. If you’ve filed a claim after a fire, don’t let the insurer stall you into the new year. Delays often lead to denied rights. Get the representation you deserve.
Free review offered
If your insurance claim after a wildfire has been delayed or denied, contact Geraci LLP today for a free evaluation. We know how insurers operate and how to hold them accountable.
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