Has Your Home, Business Or Community Been Affected by California Wildfires? Immediate Steps to Avoid Conflict So You Can Repair and Rebuild
Disclaimer: The information in this article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced professional.
The LA Wildfires have been one of the biggest climate change disasters in recent history. 29
people have died and whole neighborhoods have been destroyed. Homeowners, including some
high-profile people with homes worth $3 million dollars or more, have lost everything. It’s not just
individual homes that have been damaged, but infrastructure, like water and power. The damage
crosses property boundaries and town boundaries. President Biden pledged 180 billion dollars in
federal aid for the first 6 months. However, rebuilding will be result of cooperation between
homeowners, renters, landlords, local and federal authorities, insurers and more. This level of
cooperation requires immediate steps involving conflict resolution, resource sharing and a thorough
assessment of how to rebuild safely and sustainably. When climate change disaster strikes, climate
change mediators can quickly step in to bring clarity to a confusing situation, coordinating resources,
facilitating discussions between parties and finding a solution. Call our Climate Change Mediation
Firm to Learn More.
Have You Been Affected by LA’s Wildfires? Next Steps to Consider
Assess the Damage
If your home or business is in a wildfire area, the first thing you need to do is assess whether you
should file an insurance claim. If your home is not severely affected it might not be worth it to
pursue a claim that could increase your premium. On the other hand, one thing people might not realize is that insurance often covers damage that might not be obvious, such as smoke damage. Even if your home wasn’t burned, if it was near other homes that were burned there could be damage that might affect your health in the future. Don’t assume that your home won’t be covered and make sure to have your home thoroughly assessed. You may want to get independent assessment if you disagree with your insurance company on the scope of coverage. Disputes can arise if there is partial damage and the insurance company refuses to cover some damage. Instead of allowing an insurance dispute to become more protracted, turn to conflict resolution to help you negotiate to your best advantage. Call our climate change mediators for a free consultation.
Check Your Insurance Policy
If your home or business has been severely damaged you should check your insurance policy.
Unfortunately many homeowners, including homeowners in the Pacific Palisades neighborhood, lost
their insurance over the last 1-2 years as insurers dropped policyholders in fire risk areas. If you
currently have insurance, there is a law that has placed a moratorium on insurance companies
dropping coverage for 1 year on people living in fire risk areas. Many insurance policies will cover
expenses incurring from a disaster as well as property damage, but there may often be disputes over
coverage. Cheaper FAIR insurance, (government insurance that many people bought after they lost
their insurance coverage), may have limited coverage. If you think you are entitled to more than an
insurance company is offering, you can negotiate and you can bring independent assessments to the
table. With peaceful negotiation, facilitated by neutral climate change mediators, you may find you
are entitled to more than you think.
Take Pictures and Video and Track Expenses
If your home has not been affected now is a good time to photograph and video the contents of
your home to document your belongings in case fire affects you in the future. If your home has been severely affected you should photograph the damage and search for any photos of your home
before the fire. You may think you have no evidence of the damage, but if you check your digital
photo archives you may find photos of rooms throughout the home that can help you with an
insurance claim. You should also document spending so you can claim for expenses caused by fire
disruption.
Reach Out to Neighbors
Reach out to your neighbors or your Residents Association and make a plan for how to repair and
pay for damages. Unfortunately, disputes may arise because of damage to common areas, questions
over who is responsible for clean-up and repair, preventable damage due to negligence, or even
damage as a result of fire-fighting, such as when private fire-fighting services are hired by some wealthy
homeowners. These companies may use different methods and equipment than other firefighters.
In the aftermath of a fire, it’s important to make an effort to consider diverse needs and prevent
disputes from turning more serious or resulting in costly litigation.
Negotiate with your Homeowner’s Association to pay for damages
As homeowners’ associations are partially responsible for repair and maintenance there may be
disputes over exactly who is responsible for repairing what, where the damage has occurred, who it
affects and what the extent of the damage is. It’s extremely important to forestall conflict in these
situations so that the HOA fund is drawn from without depleting anyone’s resources or the total fund. The HOA has responsibilities, and conflict resolution can help to define these responsibilities to the benefit of everyone. Climate change mediation can be responsive to the needs of close-knit communities who need to cooperate in order to rebuild.
Negotiate With Insurers
Treat your insurance claim as a negotiation and get help if the process is overwhelming. You can and
should negotiate with your insurer and you may not understand the scope of the coverage you can
receive. You may not know what documentation you have to prove your claim, or that you can claim
for areas of your property outside the home, including damage to landscaping. Mediating with your
insurance company is a good option if the claims application process has stalled or there is conflict
for any reason. Many options can be explored so that you can get the best coverage possible
without wasting time and money on conflict.
Decide How to Fund Repairs
Decide on the best sources of funding to restore your home. If you are getting FEMA funding you
first need to exhaust insurance coverage. It’s important to be strategic about applying for funding as
some sources of funding can disqualify you from others. If you are raising money as a community,
homeowners’ association or resident’s association you may need to negotiate to raise funds. If you
are facing this situation you can turn to climate change mediation to decide on the best ways to pool
your resources.
Forestall Community Conflict
Are you on the board of a community association, working for a local authority or working with an
organization that supports victims of fire? After the fires, demand for support, funding and
accountability may be overwhelming for organizations that have community responsibility. There
could be conflict within organizations or conflict surrounding multiple organizations working
together. If you experience this kind of conflict, our experienced climate change mediators have extensive experience helping communities affected by climate change to share resources and make
the best decisions to move forward.
Get Help to Pool Resources and Rebuild
If you need help with any of the problems mentioned, such as working with your fellow
homeowners to restore damage, avoiding conflict over how to pay for damages, and rebuilding in a
sustainable way, please contact a member of our compassionate climate change mediation team.
We work with both groups and individuals to find the best solution for everyone. We are California-
based with offices in San Diego, CA and Silicon Valley, with the ability to mediate remotely with
anyone affected by a climate change dispute, including California wildfire disputes. Our mediators
have legal, financial and scientific expertise that we put to work in each of our mediations, crafting a
tailored solution that saves money and time and avoids damaging conflict. Please contact us to learn
more about how we can help you or your community.