How to Prove Property Damage Caused by the Maui Wildfires

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You'd expect a property damage claim to be easy to prove, especially if we’re talking about the Maui wildfires. The whole world saw what happened. The island is still trying to get back on its feet more than a year after the disaster. More than 10,000 insurance claims related to the fires have already been filed. So, it may seem like the claims process should be a pretty straightforward claim, but in reality, it’s not.

For starters, remember that insurance companies have a financial interest in minimizing payouts and denying claims. So, you need to ensure that you have enough evidence to prove that your property was actually damaged by the wildfires. That’s where attorneys from the nation’s largest injury firm, Morgan & Morgan, come in. To get started, tell us about your claim by filling out our free case review form. We’ll get in touch with you. 

Why Is Evidence Important? 

In personal injury cases, it's your responsibility to prove the validity of your claim. That’s because you believe that the other person owes you compensation. The more detailed and organized your evidence is, the stronger your claim.

How to Gather Physical Evidence

You'll need some form of physical evidence to prove your case. Here's how to collect it.

Take Detailed Photos and Videos

Visual evidence is powerful when proving property damage. Once you and your loved ones are safe, document the damage with photos and videos. Here are some tips on documenting property damage: 

• Take exterior photos and videos of structural damage, soot, and smoke
• Document the interior, focusing on damaged items and each affected room
• Capture both wide shots and close-ups of specific damage like burned furniture

When taking videos, remember to walk through your property with a camera, narrating what you see and pointing out areas of concern.  

Keep an Inventory of Lost or Damaged Items

Photos and videos are a great start but not enough to validate your claim. You need a detailed inventory of the items lost or damaged in the wildfire. This inventory should include:

• Item descriptions (e.g., "Black 2010 Volkswagen")
• Approximate purchase dates
• Original purchase price or estimated value
• Receipts or proof of purchase, if available

Don’t panic if you don't have receipts for every item. You can use online listings, credit card statements, or even manuals to show the value of your lost items.

Obtain Professional Assessments

For structural damage or extensive losses, you’ll probably need a professional assessor or contractor to evaluate the extent of the damage. A licensed contractor can provide repair estimates, which you can then use to negotiate a reasonable settlement. 

Having an estimate ensures that you don’t miss anything. This is especially true when dealing with hidden damage, such as smoke infiltration in walls or water damage from firefighting efforts.  

How to Connect the Dots 

Once you've gathered evidence of the property damage, you need to link it to the wildfires. As ridiculous and insensitive as it sounds, an insurance company might challenge your claim if you can’t prove the connection between the damage and the wildfires. 

Gather Local News Reports

News reports that document the timing and location of the fires can support your claim. However, since the fires swept through more than 17,000 acres of land, you need news reports that show the wildfire occurred in your area around the time your property was damaged. 

It shouldn't be too difficult to find these reports, given that the Maui wildfires made headlines nationwide. The goal here is to minimize the chances of an insurance company challenging your eligibility for compensation. 

Gather Fire Department Reports

In Hawaii, you can request fire department records by submitting a Request to Access Government Record form to the State of Hawai’i Office of Information Practices. The record should provide details about the origin and spread of the fire, as well as the damage caused in different areas. Insurance companies will likely trust official government records over your personal account of events. 

Use Satellite and Government Data

For significant disasters like the Maui wildfires, satellite data and reports from agencies like the Federal Emergency Management Agency (FEMA) can help confirm the scope and impact of the disaster. Satellite images showing wildfire burn patterns or government assessments of affected areas can back up your claim by showing that your property was within the fire's path.

You can also use this information to prove that a secondary cause, like smoke or soot damage, resulted from the wildfire.

How to Handle Insurance Adjusters and Claims

Once you've gathered enough evidence to prove your claim, the next step is to file it with your insurance company. Keep the following tips in mind: 

Cooperate with Your Insurance Company

It’s generally better to contact your insurance company as soon as possible to start the claims process. Each insurance carrier has specific deadlines for filing claims, so make sure you know what filing deadline applies to your claim. When you file, provide your insurance company with all the above-mentioned documentation that you've gathered.

The insurer will send an adjuster to assess the damage. Be cooperative but cautious. Remember that the adjuster's job is to minimize the insurance company's payout, not the other way around.

Don't Settle Too Quickly

After reviewing your claim, the other party may offer a settlement. Do not feel obligated to accept their first offer.

Insurance companies sometimes start with lowball offers tp see if you’ll settle for less than the full value of your claims. That’s why having a professional assessment from a third party is so helpful. You’ll know if the insurance company’s offer is too low.  

However, sometimes even a professional assessment is not enough. That’s why you need a skilled attorney who will fight to get you more. The attorneys at Morgan & Morgan know the insurance companies’ tactics and will work to get you the maximum compensation for your claims. 

Why You Should Seek Legal Help

Dealing with insurance companies is often a complex, confusing, and emotionally draining experience. That’s why you need a lawyer who understands what you’re going through and who will fight for your interests. That’s where an experienced property damage attorney can help. 

An experienced property damage attorney can review your insurance policy, gather additional evidence, and represent your interests when negotiating with the other party. If the opposing side refuses to settle, your attorney can also file a lawsuit on your behalf to recover the full compensation you deserve.

Let Morgan & Morgan Help Prove Your Case

As we’ve discussed, having a property damage claim is not enough. You also need to prove its validity. This will often require access to powerful resources, a legal strategy, and experience dealing with common tactics of the insurance industry. 

Hiring a property damage attorney from Morgan & Morgan can help maximize your insurance pay out while minimizing the stress of the claims process. Our strategies are rooted in experience. We’ve represented more than 500,000 clients across America and recovered over $20 billion in damages across a variety of cases, including wildfire cases. 

You need the maximum compensation to rebuild your life. As the nation’s largest injury firm, we know the insurance industry’s tactics, and we’ve got the resources to help you get the compensation you deserve. Don’t take a lowball offer. Contact us today to get started with your 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.