Fire Victim Resources - Free Guides & Checklists | Law Offices of Rozsa Gyene

Fire Victim Resources

Free Guides, Checklists, and Tools to Help You Recover

Everything you need to navigate insurance claims, deadlines, and rebuilding after fire loss.

Insurance Claim Checklist

Complete guide to maximize your insurance recovery

📋 Immediate Actions (First 24-48 Hours)

Report the Loss

Call your insurance company immediately. Get claim number and adjuster contact info.

Document Everything

Take photos/videos of all damage before cleanup. Include wide shots and close-ups.

Secure Property

Board up windows, tarp roofs. Keep receipts for emergency repairs.

Find Your Policy

Locate all insurance policies. Request copies if lost in fire.

📄 Documentation Phase (Week 1-2)

Create Inventory List

List every item lost with brand, model, age, and replacement cost.

Gather Proof of Loss

Collect receipts, credit card statements, photos showing lost items.

Living Expense Tracking

Keep all receipts for hotels, meals, gas, and other additional expenses.

Get Professional Estimates

Obtain contractor estimates for rebuilding costs.

💰 Claim Submission (Week 2-4)

Review Coverage Limits

Understand your dwelling, contents, ALE, and other coverage amounts.

Submit Proof of Loss

Complete sworn proof of loss forms within deadline (usually 60 days).

Request Advance Payments

Ask for advances on living expenses and contents claims.

Document Communications

Keep log of all calls, emails with dates, times, and what was discussed.

Download Complete Insurance Claim Checklist

Get our comprehensive 10-page PDF guide with detailed instructions

Important Deadlines

Missing these deadlines can cost you thousands or forfeit your rights entirely

⚠️ EMERGENCY - First 24-72 Hours

IMMEDIATE ACTION REQUIRED
  • Report claim to insurance: Most policies require "prompt" notice
  • Mitigate damages: Prevent further damage or insurance may deny
  • Document condition: Before any cleanup or changes

🚨 CRITICAL - 60 Days

2 MONTHS FROM FIRE
  • Sworn Proof of Loss: Many policies require within 60 days
  • FEMA Registration: If declared disaster, usually 60 days to apply
  • Contents Inventory: Initial list often due in 60 days

📅 IMPORTANT - 6 Months

180 DAYS FROM FIRE
  • Government Claims: Claims against cities/counties for negligence
  • Complete Contents List: Final detailed inventory usually due
  • Some Lawsuit Deadlines: Certain claims have 6-month limits

📆 STANDARD - 1 Year

12 MONTHS FROM FIRE
  • Sue Insurance Company: Most policies have 1-year suit deadline
  • Complete Repairs: Some policies limit time to complete rebuilding
  • ALE Expiration: Additional Living Expenses often capped at 12-24 months

⚖️ LEGAL - 2-3 Years

STATUTE OF LIMITATIONS
  • Property Damage Claims: 3 years in California
  • Personal Injury: 2 years from injury
  • Utility Company Lawsuits: Various deadlines apply
  • Bad Faith Claims: May have different deadlines

⚠️ WARNING: These are general deadlines

Your specific situation may have different deadlines. Some can be as short as 30 days. Always consult with an attorney immediately to protect your rights.

FEMA Application Guide

Step-by-step guide to federal disaster assistance

Before You Apply - Eligibility Check

✓ Presidential Disaster Declaration: Your fire must be part of a declared disaster

✓ Primary Residence: FEMA only helps with primary homes, not vacation properties

✓ Insurance First: Must file insurance claim first - FEMA fills gaps

✓ US Citizen/Qualified Alien: Eligibility requirements apply

Step-by-Step Application Process

1 Register Online or by Phone

Visit DisasterAssistance.gov or call 1-800-621-3362 (TTY: 1-800-462-7585)

Have ready: Social Security number, insurance info, bank account details

2 Create FEMA Account

Save your 9-digit registration number

Set up direct deposit for faster payments

3 Complete Application

Describe all damages and losses

List all household members

Provide current contact information

4 Schedule Inspection

FEMA inspector will contact you within 10 days

Be present for inspection or have adult representative

Point out all damage, including hidden damage

5 Receive Decision Letter

Usually within 10 days after inspection

May be approved, denied, or need more information

ALWAYS APPEAL DENIALS - many are reversed

Types of FEMA Assistance Available

Housing Assistance

  • Temporary housing (hotels, rentals)
  • Home repair funds
  • Replacement housing in some cases

Other Needs Assistance

  • Personal property replacement
  • Medical and dental expenses
  • Funeral expenses
  • Transportation repair/replacement
  • Moving and storage

💡 FEMA Tips from Fire Victims

  • Don't assume you won't qualify - always apply
  • Appeal ALL denials - success rate is high
  • Keep every receipt for everything
  • Take photos before cleaning up
  • Get help from local disaster recovery centers

Fire Loss Tax Guide

Understanding tax implications and potential deductions

Tax Treatment of Insurance Proceeds

Type of Payment Taxable? Important Notes
Living Expenses (ALE) Sometimes Taxable if exceeds normal living costs
Personal Property Usually No Not taxable unless exceeds your basis
Home Structure Depends May have gain if insurance exceeds basis
Lawsuit Settlements Varies Property damage usually not taxable
FEMA Grants No Disaster relief not taxable

Casualty Loss Deduction

⚠️ Major Tax Law Change

Personal casualty losses are NO LONGER deductible unless in a federally declared disaster area (2018-2025)

If Your Fire Qualifies (Declared Disaster):

Calculate Your Loss:

  1. Determine decrease in fair market value OR adjusted basis (whichever is less)
  2. Subtract insurance and other reimbursements
  3. Subtract $100 per casualty event
  4. Subtract 10% of your adjusted gross income
  5. Remaining amount is deductible

Special Tax Provisions for Fire Victims

Gain Deferral - IRC Section 1033

If insurance proceeds exceed your basis:

  • Can defer gain by purchasing replacement property
  • Must replace within 4 years (extended from usual 2)
  • Replacement property must be similar use
  • Main home gets special favorable treatment

Claim Year Election

Can claim disaster loss on:

  • Current year tax return, OR
  • Amend prior year return for faster refund
  • Must elect within 6 months of original due date

🧮 Tax Planning Tips

  • Keep detailed records of all basis in property
  • Document all improvements made over the years
  • Photograph all receipts and store digitally
  • Consider hiring a tax professional familiar with disasters
  • Don't forget state tax implications may differ