1) Immediately call your homeowners and/or business insurance company to report your loss and open a claim. If a car or truck was destroyed or damaged also report that loss – it may require an additional call to your vehicle insurer, especially if a different insurer is involved. Ask that a claims adjuster be assigned to your claim. Why hurry? Claims are often adjusted on a “first come, first served” basis, so there’s a benefit to being earlier in line. (If the insurance company claims that your policy lapsed or you are otherwise not covered, ask to have them explain that in writing and consult with legal counsel that has extensive experience representing policyholders in insurance matters.)

2) Ask the adjuster what your policy limits are (such as the maximum benefits payable, how long benefits such as additional living expenses are payable, and any deadlines you may face). Remember that the adjuster’s understanding is not necessarily the final answer. If state law or the policy provides something more beneficial, then that is what should control.

3) Ask for a cash advance against your claim, and how and when that payment will be made to you. Follow up any oral request you make with an email or letter to the adjuster and the insurance company.

4) Keep all receipts for all your expenses so that you can submit them to your insurance company for reimbursement.

5) Also ask for a copy of your homeowner, renter’s, or business insurance policy as well as your declarations pages, which will allow you to understand your coverage and what you are entitled to.

6) Report all damaged, destroyed, or lost property, including vehicles. Your insurance policy is a contract and under both the contract and state law, your insurance carrier must treat you fairly and deal with you in good faith.

7) Take and keep detailed notes of each and every conversation you have with anyone connected with your insurance company, its representatives and all claims adjusters. You should record the conversation (such as by using your cellphone) after asking for and obtaining permission to do so. Be aware that the insurance company likely is also going to be recording all conversations.

8) Whether you record the conversation or not, write a summary of each conversation down – ideally in a paper notebook (or in emails you send to yourself) -- as soon as you get off the phone. For each call, write down the precise dates and times, including the name of each person you spoke with, what was discussed and who said what. Do NOT trust anything to memory as there likely will be many calls and possibly some in person meetings in what often is a lengthy and emotionally stressful process. No person’s memory is perfect, and things tend to blur and blend

together. Without contemporary written notes you are likely to be seriously disadvantaged!

9) Your homeowners/renters insurance policy usually covers Additional Living Expenses — including things like a temporary housing in a hotel, clothes, toiletries, and rentals. Track and keep receipts of all your living expenses while you are displaced, including receipts for all meals, hotels, motels and other accommodations and transportation, and other expenses that you and your immediate family incur. If you’re staying with friends and family and picking up some of their expenses, include those as well. Enter all the expenses in the notebook, ideally with details. Charging expenses on a credit card also helps create a documentary record.

10) Assemble photos and other records of what was lost or damaged. You and other family members likely have many photos of your home and property on your cell phone, stored in “the cloud” or posted on social media. Ask friends who have photos of your home and property to gather them. Why? You’ll likely have to prepare a detailed inventory of what was lost. The photos will help document the home’s physical structure and its contents. These will refresh your memory when the insurance company demands that you prepare a detailed inventory. It’s very easy to overlook items, and what you don’t list, you won’t recover for. Similarly, online credit card bills may help spark your recollection and help you document your purchases, particularly for larger items.

11) Ask your insurance company to advance all available policy benefits immediately, including but not limited to benefits for temporary alternative housing. Generally, temporary housing should be reasonably comparable to your living arrangements prior to the fire loss or damage. Save receipts for all expenses incurred during your evacuation and displacement. You’ll likely be able to claim reimbursement for Additional Living Expenses incurred due to the loss of use of your home because of a mandatory evacuation order or damage that makes it uninhabitable. Additional Living Expenses typically includes extra food and housing costs, furniture rental, relocation, storage, and transportation expenses. That all may be reimbursed, but insurers normally require receipts. (A recently enacted California law requires insurance companies to pay at least 2 weeks of Additional Living Expense benefits to evacuees and may also require them to provide an advance payment of at least 4 months of such expenses without an itemized inventory form.)

12) If your home survived the fire, you likely want to return as soon as possible. But don’t be in a rush or feel pressured to return to your home until it is safe to do so. You may want to have a professional test the air quality to ensure it is safe to return, especially for those having health sensitivities, and if so make sure to explain that to your insurer. The clean-up process should include clean up of all debris, soot and ash, and also address any water damage – and resulting mold -- caused by fire suppression efforts. Even if your home or business has not been destroyed, the smoke nearby fire itself can cause recoverable damage under many insurance

policies. If the insurer or adjuster takes the position that smoke damage alone is not covered, do not accept that at face value.

13) Expect the insurance company to try to minimize its financial obligations in response to your claim. Be persistent, keep on taking detailed notes, and take enough time to thoroughly evaluate and consider all communications from your insurance carrier, its representatives and adjusters. There is nothing wrong with saying “I’ll need a few days to think this over” if you feel as if you are being rushed into a decision. Remember, the insurance company’s adjusters (and the so called “independent adjusters” they may bring in) are being paid by the insurance company and their objective is to hold down the insurer’s claim costs.

14) If an insurance claim is submitted, an insurance adjuster – perhaps from your carrier or one of the so called “independent adjusters” it may hire -- will eventually come and inspect and may make an offer. Do NOT be in a hurry to accept that offer. If the adjuster makes a settlement offer on the spot, get a second opinion. Don’t be pressured into making an immediate decision that will have long term consequences as you will have time to decide what to do. You may require professional assistance and inspections to assess the full extent of the damage and the full cost of remediation and repair and rebuilding. (After a major disaster costs often skyrocket, and the historical costs the adjuster may have based his or her offer on may be woefully out of date.) You may also need your own licensed contractor and a structural engineer to fully evaluate the damage and estimate the full cost of repairs.

15) Before accepting any settlement offered by your insurance company, or releasing any claim, it is critical that you fully understanding how the insurance company arrived at its number -- its methodology and logic –and determine if it does in fact represent all you are entitled to. Getting professional help that looks out for YOUR interests so you fully understand your rights and the insurance company’s obligations is often invaluable. You’ll have time to decide -- even though property insurance policies often contain a shorter deadline for homeowners to sue than other types of contracts, you likely will still have at least a year from the date of the loss if litigation becomes necessary. It will be time to carefully evaluate any deadlines in a few months if the matter is not favorably resolved with the insurance company.

16) Do not be in a rush to hire a “public adjuster” to assist with your claim. While public adjusters are sometimes helpful, they come at a price that may be excessive and unnecessary. While we hope your claim will be handled fairly and expeditiously, bringing in a public adjuster may be just one added expense and an obstacle to a full and fast settlement.

Advocate Law Group’s attorneys have decades of insurance experience and have successfully recovered hundreds of millions of dollars on behalf of homeowners, consumers and business owners. They understand insurance inside and out, and have headed the committee responsible for State Bar of California’s own sponsored insurance programs.