By Dale Gribow Attorney at Law (dale@dalegribowlaw.com; 760.837.7500)
Patti and I extend our best wishes to all Wildfire victims…who will face challenges not just from the disaster, but also from their insurance companies. They use the same Deny and Delay, slow down, tactics I encounter representing accident victims. They count on victims’ frustrations because of their immediate financial needs…resulting in Low Ball settlements. Don’t rely on misleading insurance slogans. “The Insurance Co’s are Not on your side; you are Not in good hands; and your friendly neighbor; will Not give you a piece of the rock.”
Victims will face a long road ahead to recoup their losses. However, no-one should settle for less than what is right…and yet many will settle short! Some will also learn their homes were underinsured, and many will encounter SCAMS.
WHAT TO DO
- FILE A CLAIM ASAP WITH: YOUR HOME INSURANCE | ELECTRIC CO. | EDISON | DEPARTMENT OF WATER AND POWER… as appropriate.
- APPLY FOR A REASSESSMENT OF YOUR PROPERTY TAXES…since you are no longer insuring a home.
You must be organized with a Recovery Diary Notebook! Take pictures before the debris is cleaned up, and document everlything, all calls and emails, including notes of everything that happens. List the date and time, with whom you spoke, what was said, and how long you spoke. After all calls and contacts, send an email memorializing what was said, so you have a Paper Trail and so the defense can’t later deny it. For instance: “ I talked to you on X date, and this is what I heard you say.”
For total losses, be prepared to itemize everything lost and document (receipts) where and when things were purchased. On January 7, 2025, California declared a State of Emergency, which triggered the laws insurance must follow in our state. The Insurance Company must immediately pay you a minimum of 30% of the estimated value of your personal belongings, contents, stuff. Some companies are doing so even if there is not a total loss and some when there is two weeks of restricted access.
The law requires these Insurance payments, even if the adjuster hasn’t inspected your home. Insurance must provide a minimum of 4 months’ worth of rent and living expenses, for the local area in which you live. You should also request a CASH advance for living expenses, such as renting furniture, securing towels, sheets and kitchen utensils etc.
You must understand that adjusters get re-assigned, and it’s not always what you said, but rather what the defense thought you said! Remember the Insurance Company is NOT on Your Side; You are NOT in Good Hands; and your Friendly Neighbor will NOT give you a Piece of the Rock.
Read your insurance policy and don’t take the first offer. Seek the assistance of someone with Wildfire experience, be it an attorney or public adjusting firm. Call me if you need courtesy direction to one.
A few days before the fires, I had dinner with one of the biggest Wildfire trial lawyers who has successfully represented hundreds of Wildfire cases. After the fire I called him, and he promised as a courtesy to monitor, consult and advise, those affected by the fires. If necessary, he would represent them on a no cost contingency.
In 50 years of practice, I have only met one California Wildfire Trial Lawyer, and he has represented hundreds of Fire Cases. Many lawyers, without WILDFIRE experience, will file early lawsuits to attract clients, and then follow the lead of the experienced Wildfire trial lawyers. Please Vet the “Wildfire Attorney” BEFORE signing, and if necessary, change lawyers without any cost to you. Don’t just hire an inexperienced, no name, 1-800 TV/Billboard advertising attorney. We see ads for the deceased Larry H. Parker, and the retired Jacoby and Meyers.
If you encounter insurance company problems, contact Insurance Commissioner Ricardo Lara: 800.927.4357. Understand that when FEMA says NOT APPROVED, THAT DOESN’T MEAN DENIED! If you were not insured contact: disasterassistance.gov. Be safe, not sorry, and consult with a Wildfire law firm or public adjusting company now. Though I don’t handle these matters I would be happy to direct anyone who calls me.
Dale Gribow is a local 5 Star, Award winning PI/DUI attorney, with 30+ Top Lawyer awards.
