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Unseen Smoke & Ash Damage Claims

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According to the National Fire Data Center, there were over 5000 separate incidents of wildfires across the United States causing over $13 billion dollars in property damage nationwide. Among the largest and most destructive wildfires includes the recent station fires in Los Angeles.
 
The August 2009 Los Angeles station fires and the residual smoke, ash and soot that followed fell on homes and properties in Tujunga, La Canada, Flintridge, La Crescenta, Glendale, Pasadena, Burbank and surrounding communities. The fire itself is reported to have destroyed over 150,000 acres and caused billions in property damage – including interior and exterior smoke and ash damage to literally thousands of local residences.
 
Most of the residential property damage from wildfires is caused by resulting smoke, soot and ash. Even if the home has suffered no burn damage, the residual smoke, soot and ash can still cause tens-of-thousands of dollars in property damage.
 
Ash contains acids and other toxic chemicals that can seriously damage a home and everything in it. Ash tends to collect and travel down roof vents, between attic spaces, insulation and even between interior walls.
 
Smoke, Soot & Ash Damage – Exterior and Interior Damage
 
Smoke residue and ash can damage both the exterior and interior of a home. Toxic smoke, soot, and ash can land on the roof, exterior walls, patio, and get into the into heating and air conditioning systems, crevices, attic, crawl spaces and can infiltrate interior drapes, linens and carpets.
 
Landscaping can be damaged from toxic chemicals dropped from the air by aerial fire fighters. Swimming pools along with its related pumps and filter system may have been compromised by the ash and soot. Carpets can readily absorb smoke odor and the smell can even reach deep into the under padding requiring replacement.
 
Homeowners have the legal right to be represented by an attorney to help them in negotiating with insurance companies. Most law firms do not charge the homeowner anything up front, and will advance all upfront costs associated with the homeowner’s side of proving the claim. Their legal fee is earned by receiving a percentage of the insurance payout at the end.
 
The law firm’s initial evaluation includes reviewing and determining the type of homeowner policy in effect at the time of the loss. In fact, the amount of the total recovery will be partially determined by the type of coverage sold to the homeowner.
 
For example, a homeowner’s recovery under a total loss scenario can be calculated using the “actual cash value” measure of the insurance policy which is determined by the policy limit or fair market value, whichever is less. For loss of contents under an actual cash value policy, the calculation is based on the cost to replace the contents, less fair and reasonable depreciation, whichever is less. With respect to “replacement cost policies,” the recovery is based on what it would cost the homeowner to replace the item – otherwise known as its replacement value.
 
Law firms have their own stable of independent estimators and contractors to estimate and document the full scale of the damage including the price differential between replacement cost and cost of repair. The lawyer’s estimators will examine all damage spots, visible and invisible, and prepare and negotiate the claim with the insurance adjuster. The most powerful tool in any lawyers’ arsenal is their ability to bring a bad faith lawsuit against the insurance company should the company or their agents engage in deceptive or unfair claim practices in the handling of the claim. When a lawyer is involved in the claims process, the insurance company adjusters tend to be on their best behavior.
 
Remember, if you are a homeowner there is under absolutely no obligation to accept the insurance adjusters estimates. The insurance company must be prepared to negotiate fairly and in good faith or risk the threat of a bad faith lawsuit.
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