Wildfires can cause a lot of damage. They can burn homes, businesses, and land. They can also change people’s lives forever. People often want to know if they can file a claim when a wildfire happens. They also want to know the deadlines for these claims. If you wait too long, you might miss your chance to recover money for your losses. In California, different rules apply, and the deadlines depend on your claim type.
What Is the One-Year Deadline for Fire Insurance Claims?
Some claims come from private insurance policies. If you have a homeowners or business insurance policy, you can file a claim for fire damage. Under California Insurance Code Section 2071, there is usually a one-year deadline from the date of the loss to file a lawsuit against your insurance if it denies your claim or does not pay. The famous case Rosenberg-Wohl v. State Farm Fire & Casualty Co., 16 Cal. 5th 520 also talks about these deadlines.
- If your insurance company refuses to pay or does not give you enough money for your losses, you might file a lawsuit.
- You generally have one year from the date of the loss (the day the fire happened or the day you noticed the damage) to do so.
Sometimes, an insurance policy has special rules that might change the time frame. Also, certain legal rules—sometimes called “tolling” doctrines—can pause or extend these deadlines. However, usually, one year is the rule to keep in mind for insurance-related lawsuits.
Keep in mind that this blog does not focus on insurance-only claims. We are simply mentioning that if you are taking legal action against your insurance company (rather than just trying to negotiate a quick settlement), you often face a one-year lawsuit deadline. Talk to a California wildfire litigation lawyer to determine whether this rule applies to your case.
What About Claims Against a Public Entity?
Sometimes, a wildfire may involve a public agency. This can be a city, county, or special district in California. If that agency may be responsible for the fire, you might file a claim under the California Government Code.
Section 911.2(a) of the California Government Code says you must present your claim within six months from when your injury or damage happened (also known as the “accrual of the cause of action”). In the context of a wildfire, the accrual often begins on the day of the fire or when you suffered the damage.
So, if your home burned on June 1, you have until December 1 to file your claim with the public entity. This is shorter than the one-year deadline for insurance lawsuits, so it surprises some people.
If you miss that six-month deadline, you can request extra time to file a late claim. You generally have up to one year from when the cause of action began to request this. Under Section 911.4(b) of the California Government Code, the public entity might let you file your claim late if you show certain reasons for delay.
But if the public entity says no, you can go to court and ask a judge for permission. You have six months from the denial to do that. This process is in Section 946.6(b) of the California Government Code.
Can You File a Late Claim?
Yes, but only if you have a good reason. The California Government Code allows for late claims, but the rules are strict. The public entity can say “no.” If it does, you have six months to ask the court for help under Section 946.6(b). The judge then decides if your reason is good enough.
Reasons might include:
- You were too hurt or sick after the wildfire to file on time.
- You did not know the public entity was involved.
- You did not immediately discover the damage’s link to the public entity.
But this is not simple. You must show the court that you tried your best or that you had a valid cause for being late. Talking with a California wildfire litigation lawyer can help. If you miss the initial six-month window, a lawyer can guide you through this process.
Do Different Rules Apply If an Electrical Company Is Involved?
Yes, sometimes they do. Power lines owned by electric corporations can cause wildfires in California. These companies must follow the rules set by the California Public Utilities Commission (CPUC) and are also subject to certain laws in the California Public Utilities Code.
There can be special procedures for wildfires caused by electric companies. Sections 1701.8 and 3280 of the California Public Utilities Code mention procedures for “catastrophic wildfire proceedings” and define certain terms related to the Wildfire Fund. These might change how or when you file a claim.
Still, unlike the government or Insurance Code, these laws do not list exact deadlines. Instead, they create special programs and steps. The Wildfire Fund may offer a way for victims to seek faster payments, but you should check the details with a lawyer. The timeline may depend on each wildfire and the rules in place.
If you think an electric company caused the wildfire, ask a California wildfire litigation lawyer about the next steps. They can explain if you must file a claim with the Wildfire Fund, you should file a lawsuit in court, or both. The deadlines can be different depending on the case.
Why Is It Important to Act Quickly?
Acting quickly helps you gather evidence. After a wildfire, there may be news reports, photos, and witnesses who saw what happened. Over time, this evidence can disappear. People may move away or forget details, and documents can get lost.
Also, government deadlines can be very short. Six months is not a lot of time to determine whether you have a claim, prepare the paperwork, and file it. If you wait too long, you risk missing the filing window.
Even if you think you have plenty of time, there might be hidden deadlines in your insurance policy or other regulations. By contacting a lawyer or doing your research early, you can avoid last-minute problems.
What Steps Should You Take After a Wildfire?
There are many things you might do after a wildfire. You will probably want to keep your family safe, get medical care if needed, and find a place to stay. But if you believe you have a legal claim, consider taking these additional steps:
- Document Your Losses: Take pictures of your home, land, and belongings. Write down what you lost.
- Collect Paperwork: Gather any records you have. This may include insurance policies, appraisals for your property, and any letters from companies or government agencies.
- Stay Organized: Keep your papers in a folder or use a computer file to track everything. You might have many documents, so staying organized helps.
- Contact a Lawyer Early: A California wildfire litigation lawyer can explain deadlines and laws. They can also file forms on your behalf and ensure everything is submitted correctly.
- File Claims On Time: Whether you are filing claims with the insurance company, a public entity, or another party, make sure you meet deadlines.
Do not wait for problems to solve themselves. Taking action right away can make the difference between receiving help or missing out on recovery.
What if You Did Not Know Who Was Responsible at First?
Sometimes, it takes a while to learn who caused the wildfire. You might not find out for weeks or months that an electric corporation or a public agency was involved.
In such cases, you can still file a claim if you do so soon after you learn of their role. Under the law, there is sometimes a rule about delayed discovery. This rule says your time to file does not start until you discover or should have discovered who was at fault.
However, this rule can be tricky. If you wait too long after knowing about the cause, you may lose the right to file. The courts will see if a reasonable person may have investigated the cause sooner.
Because of these details, many people talk to a lawyer soon after a wildfire. A lawyer can help investigate the cause, identify the parties, and make sure the claims are filed correctly and on time.
Are There Other Special Laws That Might Change the Deadline?
Yes, there can be special legal doctrines. One doctrine, called “tolling,” pauses the legal deadline and gives you more time to act. If tolling applies, you may have more time to file. For example, the court might pause the deadline if you are sick or under guardianship.
Also, some insurance policies might add or shorten deadlines. These policies might say you have six months or a certain number of days to take steps. State or federal disasters sometimes lead to new laws or executive orders that extend or alter filing times.
Every case is unique, so it's important to know your specific situation. If you are unsure, do not assume you have time. Confirm the deadline with a professional or by reading your policy and the laws that apply.
How Do Court Decisions Like Rosenberg-Wohl Help?
Court cases can shape how the law works. A big example is Rosenberg-Wohl v. State Farm Fire & Casualty Co., 16 Cal. 5th 520. It helped clarify that the one-year deadline in California Insurance Code Section 2071 is valid unless a policy or another legal rule changes it.
In other words, if your insurance company does not pay you enough, you generally have one year from the date of loss to file a lawsuit. This case reminds us that courts take deadlines seriously. If you miss it, the court might not let you bring your case later.
Why Are Some Deadlines Only Six Months Long?
When you file a claim against a public entity (like a city or a county), the California Government Code sets a very short deadline—just six months. The government wants people to give notice right away. This helps them fix problems faster and figure out their potential costs.
Section 911.2(a) of the Government Code is strict about this. If you do not file within six months, you might lose your right to sue later. You can ask permission to file late under Section 911.4(b), but you must do that within a year.
These shorter deadlines can surprise people. However, the law sees public entities as a bit different from private parties. You must act fast if you think the government is to blame for a wildfire.
What Happens If the Public Entity Denies the Claim?
If the public entity denies your claim, you can file a lawsuit in court. But you have to do it within certain timeframes. If you missed the deadline to file your notice of claim or the public entity rejected your late request, you might ask the court for permission under Section 946.6(b).
In that situation, you must petition the court for relief six months from the denial. If you wait too long again, you can lose your chance. The court will examine why you missed the original deadline and whether you have a good reason.
If the court allows you to move forward, your lawsuit can proceed. If you don’t take action in time, the court may block you from pursuing compensation for your wildfire losses.
A California Wildlife Litigation Lawyer Can Guide You Through These Time Limits
Wildfires in California can turn lives upside down. But if you know the rules and act fast, you can recover damages and rebuild. Every case is different. The best way to understand your deadlines is to speak with a professional. A California wildfire litigation lawyer can explain the deadlines, file your claims, and stand up for your rights.
Ready to get started? Call 1-800-WILDFIRE and contact a trusted California wildfire litigation lawyer today. They will listen to your story, explain your options, and ensure you meet every important deadline. You protect your future and your family’s well-being by taking action now. You do not have to face the aftermath of a wildfire alone—reach out and get the support you need to move forward.