Who Pays When a Neighbor’s Fire Spreads to Your Home?
It’s officially wildfire season in Southern California. If you’re like most California residents, you’re preparing your home by creating a defensible space and tending to your landscaping. Despite your best prevention efforts, however, your home may still be vulnerable to a wildfire. When a wildfire or other fire spreads from a neighbor’s home to yours, who is responsible? Whose homeowners’ insurance will compensate you for the damage to your home and property? Here’s everything you need to know about fire claims and homeowners’ insurance policies.
A Matter of Liability
If a fire that starts at a neighbor’s house causes damage to your home, the first thing you should do is call your homeowners’ insurer. Tell an agent exactly what happened, providing details without editorializing or exaggerating. Depending on the terms of your policy, your homeowners’ insurance agent will tell you what to do next.
Chances are, your own homeowners’ policy will compensate you directly for the damages and go after the negligent neighbor’s insurance to compensate them for your losses. This will depend on who has liability for the fire in the first place. The following represent some scenarios in which a neighbor might ultimately be liable for any damages you incur from a fire:
- Your neighbor falls asleep with a lit cigarette and causes a fire that spreads to your home.
- Your neighbor fails to complete required lawn or property maintenance required by local San Diego County ordinance during wildfire season.
- Your neighbor negligently stores flammable materials in a shed exposed to intense heat, starting a fire that spreads to your property.
- Negligent supervision of your neighbor’s children starts a fire when they play with firecrackers or other incendiary materials during a drought.
Whether your neighbor’s homeowners’ insurance policy covers the extent of your damages depends on the nature of the fire itself. If he or she committed negligence and that led to the fire, then he or she will likely be liable for the damages that result. On the other hand, if your neighbor’s fire resulted from natural causes, then you might have to seek compensation for damages under your own policy.
What About Wildfires?
Wildfires can prove to be tricky, and your options for recourse may vary depending on the circumstances. For example, your neighbor might be liable for a wildfire spreading to your home if he or she fails to abide by wildfire preparation guidelines. However, given the amount of time it would take to prove such claims, it might be best to file a claim under your own homeowners’ insurance policy.
Talking to Your Insurance Company
The following are some simple tips that can help you navigate your fire claim:
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Ask for an Advance
- If you had to evacuate because of dangerous conditions like a wildfire, you likely only packed the essentials. Further, if a fire occurred unexpectedly, you might have lost all your personal possessions. When talking to your insurance company, ask if you can have an advance on your claim and bring a check to wherever you’re staying. This way, you can purchase necessities for work without having to wait for a claim to fully settle.
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Make a List of Everything You Lost
- As soon as you can, try making a list of everything you lost in the household. This might have to be a multi-family-member effort. If you’re allowed back into your home, don’t throw anything away, even if it’s damaged. Take pictures and hold onto everything so an insurance adjuster can see it.
If a neighbor’s fire destroys your home, contact your insurance agent as soon as possible. Ask for an advance on your claim and let your own homeowners’ insurance company go after the negligent neighbor’s policy for compensation, if applicable.