How to File a Property Damage Claim After the Maui Wildfires

Advertising Material

Families and individuals who suffered property damage during the Maui wildfires may be eligible for compensation. However, there’s no standard process for filing a claim. As you’re about to discover, it just depends on the reason for filing. 

If you've been impacted by the wildfires and would like compensation for your damages, please get in touch with Morgan & Morgan today for a free case evaluation. Our attorneys can help you determine your eligibility for compensation and also represent you if necessary.

Understanding Property Damage Claims After the Maui Wildfires

The phrase "property damage" covers many types of damages in the context of the Maui wildfires. In this article, we'll break down some of the most common types of claims that arise from wildfires. We’ll also briefly discuss the filing process for each type of claim we discuss.

Vehicle Damage Claims

About 4,000 vehicles were burned when a wildfire broke out in Maui in early August 2023. At the time of this writing, about 3,152 of these vehicles have been disposed of. If your vehicle was damaged or destroyed during the wildfires, and you had comprehensive coverage, you can file a claim through your auto insurance.

This type of insurance usually covers incidents of theft, vandalism, and fire damage. However, the specifics of your policy will determine your eligibility.

In general, you’ll need to contact your auto insurer to report the damage. Remember to document the vehicle's condition with photos and collect repair estimates. The insurance company will assess the vehicle's value before paying out based on the actual cash value or repair costs.

Homeowner's Property Damage Claims

According to Hawaii's state insurance division, more than 3,700 homeowners have already filed claims after the Maui fire. If you're a homeowner who suffered property damage, you may be able to seek compensation for the damage or loss of the home itself. This includes structural damage, loss of personal belongings, and repair or rebuilding costs.

In many cases, it’s best to notify your homeowners' insurance immediately if you plan to make a claim against your policy. You don't want the insurance company to claim that you missed the deadline for reporting the damage. If you miss this deadline, the insurer may deny your claim.

Document your damages with photos and contractor estimates. Remember to track any temporary housing expenses incurred if you can’t live in your home after the wildfires. The insurance company will send an adjuster to assess the damage and, afterward, may propose a settlement offer based on the adjuster’s assessment.

Business Property Damage Claims

The Hawaii Department of Business, Economic Development, and Tourism reported that the wildfires impacted at least 800 businesses in Maui. If your business was affected by the wildfires, you may be able to file a claim for damages to equipment, inventory, and business interruption losses.

To file a business property damage claim, document your damages and provide proof of loss. If the wildfires interrupted your business, you should gather financial records to establish your lost income.  

Renters' Property Damage Claims

Renters may also be entitled to compensation for the loss of personal belongings destroyed in the wildfires. These claims often fall under the coverage of a renter's insurance policy.

When filing a claim with your renter’s insurance, document all lost personal property with photographs, receipts, or other proof of ownership. Then, provide this information to your renter's insurance company for assessment and possible compensation.

Landlord Loss of Rental Income Claims

Landlords whose rental properties were destroyed or damaged in the fires may also be able to claim lost rental income for the period they can’t rent out their properties. For such landlords, claiming lost rental income should not prevent them from also seeking compensation for property damage.

To support a claim for lost rental income, a landlord usually must provide proof of the rental agreement and past rental income, along with documentation of the damage to the property. The insurance company then calculates lost income based on past rental earnings and the estimated repair timeline.

Smoke and Water Damage Claims

Smoke and water damage can cause serious health complications further down the road. In fact, you may have suffered this damage even if the flames didn't directly hit your home.  

Like other types of claims we've covered so far, you should report the smoke and water damage to your insurance provider if you intend to make a claim against your policy. Record the damage and then get estimates from professionals for cleaning or repair services. The insurer may cover the costs depending on the extent of the damage and terms of your policy.

Other Types of Compensation for Maui Wildfire Victims

Besides property damage, you may qualify for other types of compensation, such as wrongful death and personal injury.

Wrongful Death Claims

As of September 2024, there have been 102 confirmed deaths, with two victims still missing. In such cases, the family of the deceased may file a wrongful death claim against the responsible parties. 

At this point, it appears that Hawaiian Electric is responsible for the wildfires, as they failed to de-energize their power lines despite knowing that strong winds – which are known to cause downed power lines – were in the forecast. 

The Maui County Fire Department is also being blamed for not putting measures in place that would have prevented the spread of the fires, and for failing to respond promptly. 

Note that you only have two years from the date of death to file a wrongful death claim in Hawaii. To win on a wrongful death claim, you must prove, among other things:

• that the death actually happened;
• the connection between the other party’s negligence and your loved one’s death; 
• your relationship to the deceased; and
• the financial or emotional loss resulting from the death.

Personal Injury Claims

These claims cover physical injuries sustained during the wildfires. If you or a loved one has been injured, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other applicable damages.

Such a claim generally requires proof of medical records, injury, related expenses, and documentation that shows how your injury has impacted you and your loved ones’ lives. You may also need to demonstrate that the injury was caused by negligence or unsafe conditions that could have been prevented.

Let's Discuss Your Case for Free

The steps we've discussed may seem easy on paper, but they're actually complex in practice. The companies and entities who allegedly caused the Maui wildfires are attempting to evade liability and shift blame to each other. Some have even blamed the victims themselves. And, with thousands of claims already filed, it’s in the insurance company's interest to do whatever they can to minimize payouts. 

If you are a victim of the Maui wildfires, you need a lawyer who understands your pain and loss, and who is experienced and well-equipped to fight back. That's Morgan & Morgan, the nation’s largest and most powerful personal injury firm. Contact us today to get a free case review. 

Advertising Material. Bora S. Kayan, Esq. is responsible for the content of this advertisement. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel in these and other jurisdictions. Prior results do not guarantee a similar outcome. This post is not legal advice. If you need legal advice, you should consult a lawyer.