Property Damage

It is critical to understand how California state law defines personal property and loss of use. Understanding the claims procedure can help you make sure you get the insurance payout you are due if you ever lose your house as a result of a natural disaster. 

Knowing the specifics will be beneficial should you ever find yourself in this unfortunate scenario because insurance companies are renowned for trying to pay out less than victims deserve. Dealing with insurance companies can be complicated, and they often act in bad faith against their policyholders. After incurring property damages or loss, it is best to speak with an experienced attorney. The property damages attorneys at Abir Cohen Treyzon Salo LLP can help when dealing with property damages and insurance companies. 

Personal Property Loss vs. Dwelling Loss

Almost everything you own is considered personal property. You won’t be protected if you lose your home to a natural disaster if you have pets, credit cards, a car, or other property insured separately from your homeowners’ policy.

The industry standard ranges from 40% to 70% of the dwelling coverage, with the limit for personal property coverage often being a defined proportion of the property insurance coverage. Furniture, clothing, consumer electronics, appliances, jewelry, and other non-affixed contents of the home are all examples of personal property, which is the insurance term for the contents of an insured’s home.

As to dwelling loss (loss of your home), the insured is entitled to the difference between the home’s market value immediately before and after the loss, if the reasonable cost of repair is less than the value reduction. The California Department of Insurance has a guide to properly claiming damages in California.

Property Damages Statute of Limitations in California

The term “statute of limitations” is a state law that restricts your ability to bring a lawsuit for any type of legal issue or harm incurred by placing a time restriction on when you can submit the case in court. These laws have been adopted by every state, and the deadlines change based on the case and state.

Any California lawsuit for the repair or replacement of damaged or destroyed property, whether it be real property or personal property, must be filed within three years, according to California Code of Civil Procedure section 338.

Property Damage Lawsuits in California News

In a COVID-19 Property Damage Claim, the judge found against AECOM. Most of the earliest lawsuits filed by AECOM to collect on Zurich American Insurance Company property damage claims linked to COVID-19 were unsuccessful.

An all-risk policy that offered $250 million in coverage per cause with multiple sub-limits was the foundation of AECOM’s complaint, which was filed in federal district court in Pasadena, California last year.

The supervisor for international property claims at Zurich allegedly rejected coverage and informed AECOM that the presence of COVID-19 in a structure or on a surface does not represent physical loss or damage protected by the insurance, according to the complaint from AECOM.

Contact the Property Damage Lawyers at Abir Cohen Treyzon Salo, LLP

Depending on the specifics of your case, we can strive to establish the facts of your claim, advocate on your behalf during a settlement, and represent you in court should you choose to sue your insurance provider for bad faith or property damage. To schedule a free consultation right away, call 833-ACTS-LAWopens phone dialer or use the online form.

When you hire a contractor for a major renovation, a home improvement project, or a minor repair, you expect the contractor to be thorough, detail-oriented, and able to anticipate and address certain problems that may arise. Most contractors consistently do very good work and their customers are happy with the outcome. However, when it comes to paying attention to detail, some contractors are not as thorough as others.

When things go wrong or the work is not done properly, it can cause a range of problems, including water damage to the property. If your home has water damage that was caused by your contractor, you are urged to contact an experienced lawyer as soon as possible.

Water can cause severe damage in the home, particularly when it goes unnoticed for an extended period of time. When the problem becomes obvious, it usually requires immediate attention to fix. While water damage can be caused by a range of factors, there are situations where the contractor is responsible. The following are examples of ways that a contractor can cause water damage:

• A roofing crew may rush the job if they fall behind schedule. Poor workmanship and inattention to detail can lead to badly installed shingles and a roof that leaks.
• If an HVAC contractor misses pinholes in the AC’s drip pan, water can accumulate in the attic and start to leak through the ceiling.

If you detect water damage in your home, there are steps you should take to address the source of the damage and make sure that the affected areas are properly repaired:

• Contact your insurance company. Explain the problem to your insurance agent and give them your contractor’s contact information.
• Notify your contractor. Let your contractor know that you have notified your insurance company about the water damage. They should contact their insurance carrier so they can negotiate a fair settlement.
• Hold off on cleanup. Do not clean up the water damage until the adjuster is able to examine the extent of the damage.

How Do I Detect Signs of Water Damage in My House?

Unless there is a broken pipe or water is leaking through the roof or ceiling, water damage is not always visible. There are many areas in the home that can be the source of water damage. Knowing where to look can help you detect the problem early and prevent extensive water damage. The following are some of the best ways to detect early signs of water damage:

• Inspect pipes with a flashlight. Water damage in hard-to-see places like under sinks and behind toilets can cause pipes to corrode and connections to loosen. Use a flashlight to check for leaks, which can cause damage as well as increase your water bill.
• Check all appliances. All major appliances in your home have various pipes and hoses, which can cause damage if they leak. Check the interior and exterior of the appliances and look for leaks, faulty pipe connections, and worn hoses. Check the cooling unit as well to make sure there are no leaks.
• Check the walls for signs of water damage. Water damage behind walls often appears as a dirty spot, but it is actually a stain caused by a leaky pipe. Other signs of water damage behind walls include blistered paint, peeling wallpaper and hairline cracks in the drywall.
• Walk barefoot. If the floor or carpet is damp, you can detect dampness, buckles in the floor coverings, and warps in the hardwood floor much better with bare feet. This may be a sign that there are more serious issues, like water damaged subflooring.
• Check the wood window trim. If the wood starts to crumble or peel, it is likely a sign of water damage from leaks around the window.
• Look at the ceiling. If you notice a stain on the ceiling, this is a common sign of water damage. Oftentimes, this is caused by a clogged AC drip pan or a leaky pipe in the attic. If you notice bulges or buckling, this can result in the ceiling collapsing.
• Check the roof for leaks. Loose shingles and curled flashing are common causes of leaky roofs. This can cause water damage in the attic, as well as moldy installation or stains on supporting beams.
• Inspect the basement walls. Most basement walls are made of concrete, which is very porous. Check the walls with a moisture meter or plastic patch, which is a do-it-yourself trick to determine whether damp basement walls are caused by other problems.
• Check the foundation. Walk around the perimeter of the house and inspect the foundation. Look for cracks and crumbling areas, which may be caused by interior plumbing leaks. Pay attention to where the damage is compared to what you found when inspecting the foundation.
• Use your sense of smell. Damp walls, carpets, and floors give off a musty, unpleasant smell. If you notice this smell in your home, it could mean that you have a hose leaking or a plumbing issue that can cause water damage.

Does My Homeowners Insurance Cover Water Damage Caused by a Contractor?

Your homeowners insurance policy may cover the costs associated with the water damage. However, it will depend on your specific homeowners policy, the type of damage, and what caused the water damage. The following are examples of situations where your insurance company will likely pay for water damage:

• Accident coverage. This coverage pays for damage caused by accidents, including fires, structural damage, and water damage. It is included in most homeowners insurance policies and can be used if a contractor causes damage to a home.
• Property damage. From an insurance perspective, it is important that you understand that there is a difference between poor quality work and work that actually causes damage. While your insurance company will not cover shoddy work, they will likely cover the damage that was caused by a contractor.
• Damages are within your policy’s coverage limits. Prior to hiring a contractor, it is highly recommended that you closely review your homeowners policy so that you are aware of what is covered and what is not. For example, many policies cover damages that occur during a home remodel, but do not cover damages from individual projects or additions.

When is the Contractor’s Insurance Responsible for Covering Water Damage?

If you have filed a claim with your homeowners insurance company for water damage caused by your contractor and they agree to pay for the damages, it is highly likely that your insurance company will try to collect repayment from the contractor’s insurance. If your claim is denied by your insurance company, you may be able to seek financial compensation for the contractor’s liability insurance, which is designed to pay for damages caused by a contractor’s errors. Some contractors also carry faulty workmanship coverage, which allows you to collect compensation for negligent work, even if it does not result in any damage to the property.

What Steps can I Take to Hire the Right Contractor?

If you are planning on hiring a contractor for a home improvement project or a home repair, you want to make sure that you hire someone who has a proven track record of doing excellent work. Before you sign any contracts and officially hire a contractor, take the following steps to ensure that your home is in good hands:

• Research the contractor’s reputation by looking them up online, and ask friends or family members that have used the contractor if they were satisfied with their work.
• Find out if the contractor carries contractor liability insurance as well as Workers’ Compensation insurance.
• Check the opens in a new windowBetter Business Bureau or the state licensing board to verify information about the contractor.
• Review your homeowners insurance policy at least once a year. Make updates to the coverage for water damage if necessary.
• Reach out to an experienced restoration contractor who is familiar with the insurance claims process.

How can a Lawyer Help Me?

Too often, insurance companies try to find ways to deny a property owner’s claim or compensate them much less than they deserve. In addition, the process of recovering damages can be complex and time-consuming because there are two insurance companies involved: yours and the contractor’s. In order to ensure that you reach a favorable settlement, you are urged to contact an experienced lawyer who understands how much your claim is worth, knows what insurance policy covers, and will negotiate the maximum settlement amount.

Los Angeles Property Insurance Lawyers at ACTS Law Assist Clients With Water Damage Claims

If your property has water damage which you believe was caused by your contractor, do not hesitate to contact our Los Angeles property insurance lawyers at ACTS Law. We will conduct a thorough investigation to determine who is liable for the damage. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

If you live in certain areas of California, you are probably no stranger to natural disasters, such as earthquakes, drought, and landslides. While California is known for its blue skies and warm weather, it also has some of the worst wildfires, particularly when there has been little to no rainfall. This causes the trees, brush, and grass to burn more easily. When the winds pick up, the fire can spread very quickly, destroying everything in its path.

If you live in an area where wildfires are common, it is crucial that you take the necessary safety precautions and have an evacuation plan in place to ensure that you, your loved ones, and your property are protected. A lawyer can assist with the claims process if you have property damage because of a wildfire.

What is a Wildfire?

Wildfires are uncontrolled and unwanted fires that usually start in forested areas. A combination of high temperatures, low humidity, lack of rainfall, dry vegetation, and windy conditions is a recipe for disaster. Once a fire starts, it can quickly get out of control. While natural igniters, like lightning, can trigger a wildfire, many wildfires are caused by humans, most of which are accidental.

Once an ignition source starts a fire, the dry trees and other vegetation provides the fuel needed to maintain and spread the fire. In addition to the dry conditions of the vegetation, wind causes a fire to grow and spread faster than other conditions, as it constantly brings a fresh supply of oxygen to the fire. In addition to destroying forests, parks, and other natural resources, wildfires can destroy homes and threaten the safety of those who live and work in its path.

What Pre-Evacuation Steps Should I Take?

Since wildfires are unplanned and often spread very quickly, it is imperative that you have a plan in place so that you are prepared if a wildfire gets out of control in your area. The following checklist will help you prepare for an evacuation:

• Shut all windows and doors, but leave them unlocked.
• Remove all window shades and curtains, as these are flammable.
• Move all flammable furniture to the middle of the room.
• Shut off the gas, pilot lights, and air conditioning.
• Leave the lights on in the house so firefighters can see your home if smoky conditions affect visibility.
• Turn off all propane tanks.
• Rake and remove leaves, dead limbs, and twigs from the ground.
• Connect garden hoses.
• Do not wait for an official evacuation order to leave your home. If you feel threatened or unsafe, make sure that you have your emergency supply kit and evacuate the premises.
• Check on neighbors, particularly if they are older or disabled.
• Review your insurance policy and prepare a complete list of your home’s contents.

Family Communication Plan

It is important that you set up a family communication plan that designates one person as the point of contact for friends and relatives. Keep a list of important phone numbers written down or stored digitally. Make sure that all family members are familiar with the plan so that they know what to do if an evacuation becomes necessary. The plan should include the following:

• Establish a designated emergency meeting location that is a safe distance from the fire. This will help confirm that all family members have safely evacuated the home.
• Plan several escape routes from the home and the community in case certain routes are blocked and no longer safe. Practice these routes regularly so that every family member knows what to do in the event of an emergency.
• If you plan to evacuate by car, make sure that your vehicle is in good condition and that it has a full tank of gas.
• Make sure that the evacuation plan includes all pets and livestock.

How Do I Stay Safe During an Evacuation?

It may be extremely difficult leaving your home, knowing that it could be destroyed by a wildfire. However, if authorities have issued an evacuation order, it is crucial that you leave. If you decide to stay, you are putting yourself and your family in extreme danger. In addition, firefighters will be put in a position to risk their lives to rescue you. When evacuating your property, keep the following tips in mind:

• Listen to emergency alerts and notifications online or on the radio. They will provide important information and evacuation instructions.
• Make sure that you have an evacuation plan in place for your pets and any larger animals, like horses, cows, and other livestock.
• If you become trapped, call 911 and provide your exact location. Keep in mind that emergency responders will get to you as soon as possible, but the fire may cause them to be delayed. If the fire is out of control, they may not be able to get to you.
• When driving away, roll up all windows and close air vents to prevent smoke from getting into the vehicle and irritating your eyes or respiratory system.
• Use an N95 mask to protect yourself from harmful smoke inhalation.

Due to the ongoing Coronavirus (COVID-19) pandemic, public shelters may have limited space available. Consider making plans to shelter with family members who live outside of the local area that is directly impacted by the fire.

If you are staying at a shelter temporarily, maintain a distance of 6 feet between yourself and other people who are not members of your household. Wear a mask and use hand sanitizer regularly. You may be required to take a COVID-19 test or show proof of vaccination before entering a shelter.

What Safety Precautions Do I Take When Returning Home After a Wildfire?

Do not attempt to return to your home unless local fire or law enforcement authorities say it is safe. Even after the fire has been put out, the condition of your home or the surrounding area may not be safe. The following are several types of possible safety hazards that you should be aware of after a wildfire:

• Safety hazards inside your home: Wildfires and the extreme heat they give off can cause safety issues. There may be hot spots throughout the house. Floors and surfaces can still be smoldering. If you touch or walk on these hot surfaces, you can suffer a serious burn injury. If you see smoke or fire coming out of the attic, get out of the house immediately and call 911. Before entering the house, put on thick-soled shoes and leather gloves.
• Outdoor safety hazards: When returning to your home, use caution when approaching your property and be aware of certain safety hazards. The fire can cause power lines to come down or poles to become unsteady. Charred trees, burned tree roots, live embers, and smoldering debris are extremely hot and can cause severe burns if you come in direct contact with them. There may be smoldering sparks or embers in the gutters or on the roof. Check these areas, and if there is fire still present, call 911.
• Communication tips: Organizations, like the opens in a new windowAmerican Red Cross, and local police, weather and tv and radio stations, will provide important updates about the status of the fire and when it is safe to return to your home. Cellular phone systems often get overwhelmed after a natural disaster, so limit your phone use to emergency calls only.

Once you are able to safely return to your home, you will need to assess the damage to your home and property. Take detailed photographs of the property and the exterior of the home, including the roof. If the roof has been damaged by the fire, place a tarp on the damaged part of the roof.

If it is safe to enter your home, take pictures of any fire or smoke damage to the walls, carpet, furniture, attic, and any other belongings. Contact your insurance agent as soon as possible so that you can initiate the claims process. An experienced lawyer can assist with the claims process and address all of your questions and concerns.

Los Angeles Property Insurance Lawyers at ACTS Law Help Clients Who Have Property Damaged Caused by Wildfires

If your home was damaged in a wildfire, do not hesitate to contact our Los Angeles property insurance lawyers at ACTS Law. Our skilled legal team will work closely with you to make sure your rights are protected. To schedule a free consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. Located in Los Angeles and San Diego, we serve clients throughout Southern California.