You sue by filing a third-party liability lawsuit against the party that started the fire or failed to prevent it. You do not need insurance to bring that claim. Third-party liability means you seek payment from the at-fault party, not your own insurer.
According to Walkup Melodia Kelly and Schoenberger, owners of uninsured burned property can use this path rather than relying only on insurance. Inverse condemnation is a second path when utility equipment causes the fire. It allows recovery without proving negligence.
Table of Contents
- Who can you sue?
- What deadlines bar a late claim?
- What money can you seek?
- How do you prove and start your case?
Who can you sue?
According to Walkup Melodia Kelly and Schoenberger, you can sue the person, company or government entity that negligently started the fire or failed to prevent it. That option remains open when you hold no homeowners policy. Read the California wildfire liability overview for how the firm frames that claim.
When utility equipment causes the fire, Bridgford Law explains inverse condemnation under California Constitution Article I, Section 19. It imposes strict liability on the electric utility whose equipment caused the fire. You do not have to prove negligence under that rule. See the inverse condemnation guide for that standard.
What deadlines bar a late claim?
The California Legislature sets general filing limits for wildfire suits. Property claims generally have three years from damage under Code of Civil Procedure section 338. Personal injury claims generally have two years under section 335.1. Late filing bars recovery.
Claims against a California public entity face an earlier step. The California Court of Appeal in City of San Diego v. Superior Court describes the required written government claim. Claimants usually must present it within six months of accrual under Government Code sections 911.2 and 945.4. They may sue only after denial.
What money can you seek?
According to Wisner Baum, a utility wildfire suit can cover home repair or rebuild costs and personal-property replacement. It can also cover temporary housing, living expenses, cleanup, lost income and emotional distress. Any insurance payment is subtracted to avoid double recovery. Federal help is narrower.
FEMA states its Individuals and Households Program provides grants for uninsured or underinsured necessary expenses and serious needs. Covered needs include temporary housing, emergency home repairs to safe and sanitary condition, and personal property. Read the FEMA assistance fact sheet for program limits. FEMA states it is not insurance and will not make survivors whole.
How do you prove and start your case?
CAL FIRE cause investigations can identify the liable utility. In May 2019, CAL FIRE found PG&E transmission lines in Pulga caused the Camp Fire. NPR via KSUT Public Radio reported that fire killed 85 people and destroyed nearly 14,000 homes. According to the Disability Rights California guide to FEMA assistance, documentation supports both FEMA and lawsuit claims.
Photographs, receipts, estimates, medical records and daily logs tie each loss to the fire. Strong records make damages easier to prove. Apply at DisasterAssistance.gov or call 1-800-621-3362. Keep copies of every FEMA filing for your lawsuit file.
- Photograph damage before cleanup
- Save receipts and repair estimates
- Keep medical records and a daily expense log