Holiday Fire Damage and Denied Insurance Claims: What to Do Next

The holidays are a time to get together with friends and family for home-cooked meals, gift giving, and traditional celebrations. Unfortunately, the holidays also bring an increased risk of residential fires, according to the U.S. Fire Administration (USFA). Christmas trees, candles, decorative lighting displays, and bustling kitchens throughout the holidays can all create an environment in which a single oversight can lead to a cataclysmic residential fire. If a fire ravages your home during what should be a time of comfort and joy, you expect your homeowner’s insurance company to step in and cover the cost to repair or replace your damaged property in a timely manner. Instead, you may be shocked to discover that your insurance company delays, undervalues, or denies your claim.

At Malik Law, we understand the devastating impact a residential fire can have on you and your loved ones, especially during the holidays. When your insurance company fails to pay a fire damage claim promptly and in full, it adds insult to injury. Fortunately, you do not need to take on your insurance company alone. An experienced fire damage lawyer at Malik Law will explain your rights to you under your policy and advocate on your behalf to get your claim paid in full and without further delay.

Why Does the Risk of Residential Fire Increase During the Holidays?

The risk of a residential fire rises during the winter holiday season for several reasons, including the use of combustible materials for decoration and the inclusion of additional heat sources within and around the home. Decorative items such as garlands, wreaths, banners, and electric lighting increase the overall fire load inside your home, while outdoor lighting displays can overload electrical circuits. Christmas trees pose a particularly serious hazard as fresh trees dry out as the season progresses. Needles and branches are highly flammable and, once ignited, a dry fir or pine tree fire can burn rapidly and spread to surrounding furnishings. Data compiled by the USFA tells us that when a Christmas tree is the first item to ignite, both the financial loss and the risk of fatality increase dramatically. These fires cause three times the dollar loss of other residential fires and eight times the fatalities, demonstrating how quickly a tree fire can escalate beyond control. Candles used for decorative and religious purposes are also a common addition to the home during the holidays, leading to a fourfold increase in candle-related fires. Candle fires alone kill more than ten people each year, injure approximately 175, and generate more than twenty million dollars in property losses. Children are also more likely to play with fire during the holidays, causing an average of 40 residential fires each day during the holiday season.

What Might Go Wrong When Filing a Fire Damage Claim?

Experiencing a residential fire during the holidays can cause emotional trauma on top of the costly property damage to the home. The last thing a homeowner needs is to run into problems during the insurance claims process; however, that is often what happens. Insurance companies need to make a profit, which means they frequently employ tactics aimed at avoiding or reducing the payout of claims. Consequently, when you file your residential fire damage claim you may experience any of the following problems:

  • Unreasonable Delays: Your insurance company may inundate you with requests for additional documentation or forms intended to delay the processing of your claim.
  • Undervalued Claim: The insurance company may try to pay the claim but for a significantly lower amount than what the claim is worth. They typically do this by underestimating the true cost of repairing or replacing your damaged property.
  • Denial of Claim: Your insurance company might claim that an exclusion applies and deny your claim outright.

Steps Involved in Filing a Residential Fire Damage Insurance Claim

After suffering a residential fire during the holidays, it is crucial to know what to do to protect you, your loved ones, and your financial investment in your home. With that in mind, take the following steps to file an insurance claim following a residential fire:

  1. Safety First: A home fire can spread quickly and simmer long after it appears to be out. Get your loved ones out of the home and do not re-enter the home until the authorities confirm that it is safe to do so.
  2. Mitigate Damages: Most homeowner’s insurance policies include a requirement that the insured mitigate damages, meaning you need to take reasonable steps to prevent further damage to the property. In the case of a home fire during the holidays, that might include doing things such as putting plywood over a hole in a wall or shutting off water and electricity to the home.
  3. Understand Your Policy Terms: Prior to calling your insurance company to file a claim, take the time to read through your policy to make sure that you understand the terms of the policy, including relevant deductibles and exclusions, and your rights as the insured.
  4. File Your Claim: Once you are comfortable with the terms of your policy, contact your insurance company online or via telephone to file your official claim. If the fire did significant damage to your property, your insurance company may send out an adjuster to view the property and create an estimate of the damage.
  5. Document the Damages: To protect your rights and increase the likelihood of getting your claim paid in full, document the damage to your property. Take photos and videos, search for receipts and appraisals, and create an inventory of all personal property within the home that was damaged. If your home is uninhabitable, be sure to keep detailed records of your ongoing expenses for food, shelter, and other costs. It is also wise to get independent estimates of the cost to repair the damage to your home.
  6. Contact a Fire Damage Attorney: After you file your claim, you may need to contact an experienced fire damage lawyer if your claim is not paid promptly and for the full value of the claim.

How Can an Orlando Fire Damage Lawyer Help?

Even with the use of safety precautions, accidents can occur during the holidays. If an accident does occur, and you experience a residential fire, it is more than reasonable to expect your insurance company to fulfill its obligations under the terms of your policy without delay or resistance. If that does not happen, and your claim is delayed, undervalued, or denied, it is time to talk to an experienced Orlando fire damage attorney at Malik Law.

At Malik Law, our team understands the methods that insurance companies often rely on to reduce or deny valid claims, and we are dedicated to safeguarding your rights under your insurance policy. Our attorneys will closely examine the terms of your coverage along with the specific circumstances surrounding your loss to help us advocate on your behalf to get your claim paid quickly and in full. Contact the team at Malik Law today by calling 407-500-1000 so we can discuss your legal options.

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