How Long Do You Have to File a Property Damage Claim After the Maui Wildfires?

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In Maui and throughout the state of Hawaii, you only have two years from the date of a property damage incident to file a claim. This two-year window is known as the ‘statute of limitations.’ If you're considering filing a claim, the attorneys at Morgan & Morgan can help you understand this deadline, how it works, and how to maximize your chances of obtaining fair compensation. Tell us about your case today by filling out our case evaluation form. We’ll review it for free. 

How the Statute of Limitations Works

The statute of limitations works like a countdown clock. It starts ticking from the moment the injury or damage occurs. So even though the Maui wildfires started on August 8, 2023, the countdown for filing a claim would begin when the damage happened.

That being said, every case is different. Factors like the discovery of hidden damage or the involvement of government entities can sometimes affect the exact filing deadline. That’s why it's necessary to have a skilled attorney review your situation and determine the specific deadlines that apply in your case. 

Why You Shouldn’t Miss the Filing Deadline

Failing to file within the two-year window is a risk you shouldn’t take. If you miss the deadline, the insurance company may have no legal obligation to compensate you, even if you have enough evidence to prove your case.  

Don’t wait to take action, even if your case seems straightforward. Evidence can degrade or become harder to gather as time goes by. This is especially true when dealing with a disaster as horrible as a wildfire.

The Dos and Don’ts of Pursuing a Maui Wildfire Claim

Knowing what to do and what to avoid can make a huge difference in your pursuit of compensation after a wildfire incident. Here are some quick tips to guide you.

Document Your Losses

This includes taking pictures, videos, and keeping receipts related to repairs, temporary housing, and any other wildfire-related expenses. Without such proof, it’ll be difficult to prove your eligibility for compensation. 

Notify Your Insurance Company Promptly

Failure to promptly report your claim may set you up for a dispute with the insurer. Note that informing them doesn’t mean you want them to compensate you right away. It’s more like reporting the incident than filing for compensation.

Also, the deadline for reporting the damage isn’t the same as the two-year statute of limitations we discussed above. You’ll find the specific deadline somewhere in your insurance documentation. If you don’t have a copy of it, you can ask the insurer to send it to you.

In Hawaii, insurers are required to respond within a reasonable timeframe, usually no later than 15 days. When you file the report, they may decide to process your claim (i.e., if you filed one) or request more time to investigate it.

Keep All Communication in Writing

This includes communication with the insurance company, claim adjusters, or any other party involved. Written communication can help prove your case if there’s a legal dispute down the road. You don’t want to find yourself in a ‘I said, they said’ situation. 

Get an Independent Damage Assessment

The claim adjuster sent to assess your damaged property doesn’t work for you. Instead, they work for the insurance company. So, you shouldn’t blindly trust their evaluation of your losses. Instead, you should consider hiring an expert independent adjuster to provide a second opinion on the extent of your damages and the value of your claims.

Seek Legal Advice

Disputes can arise for different reasons and at any stage of the claims process. It could be an issue of unfair settlement offers, shared liability, or even outright denials. 

A skilled property damage attorney can evaluate your claim, and help you understand and protect your rights. That way, you can level the playing field and avoid dealing with the insurance company directly. 

Don’t Settle Too Quickly

Insurance companies know that many wildfire victims are often desperate to settle their cases and move on with their lives. That’s why they often offer lowball settlements. 

However, if you accept a lowball offer and sign the release, your case will be considered closed at that point. And, once a case is closed, it’s often impossible to reopen it, even if you later learn that your settlement was only a small portion of what you were truly entitled to. 

Don’t Rely Solely on the Insurance Company’s Adjuster

As we noted earlier, the insurance company’s adjuster doesn’t work for you. They work for the insurance company, and their job is to minimize payouts and protect the insurance company’s interests. Don’t expect them to fight for you.

Instead, consider hiring an independent adjuster to help evaluate the true extent of your property damage. 

Don’t Sign Anything Without a Lawyer’s Review

The insurance company may ask you to sign certain documents at different stages of the claims process. You are not obligated to sign anything, especially if you don’t understand what it says.

Instead, you should hire an experienced attorney to review these documents on your behalf. If you sign them without a lawyer’s review, you may forfeit important legal rights.  

Don’t Neglect Hidden Damage

Certain damages are not usually visible immediately. Take smoke and water damage as examples. 

While they are not so easy to notice, they can lead to long-term health and financial issues. The insurer’s adjuster might ignore such damage, but an independent adjuster shouldn’t. 

The difference? One has your best interest at heart, while the other only wants to protect their employer. 

Possible Damages in a Wildfire Property Damage Claim

The Maui wildfires caused losses and property damage worth more than $5.5 billion. The following were some of the most common grounds for filing claims: 

• Structural damage  
• Loss of personal belongings (furniture, electronics, etc.)
• Temporary housing costs (hotels, rentals)
• Smoke and soot damage
• Water damage from firefighting efforts
• Loss of landscaping, trees, and outdoor structures
• Clean-up and debris removal costs
• Emotional distress or trauma
• Costs for repairing or replacing important documents
• Loss of income for properties that were used for business

Get a Free Case Evaluation

No matter how evident your damages and losses are, insurance companies may try to convince you to settle for less than what you’re owed. However, having an experienced property damage attorney from a nationwide law firm like Morgan & Morgan on your side can be a game changer. 

We have a dedicated team of fire damage experts ready to review the specifics of your case and determine the best way for you to get the compensation you deserve. 

Even better, we review each individual case for free. If we find that you have a viable claim, we might also be able to represent you for free unless you win. Contact us today to get started. 

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.