Reno Smoke Damage Insurance Claims Attorney
There’s no denying that fire is a destructive force. Until the fire is extinguished, it will continue to reduce anything in its path to ashes. Fire also creates smoke that can be dangerous to your health and make your home uninhabitable.
Even homes that aren’t struck by the flames could be damaged by the smoke.
It stands to reason that if your home suffers smoke damage, you should be able to file an insurance claim, but that won’t be without challenges. You might encounter resistance or denials from the insurance company.
When that happens, a Reno smoke damage insurance claims lawyer can prove to be a crucial ally. Before you reach out to discuss your claims situation, you should understand why smoke damage is often categorized differently and why you might face resistance.
The Complexity of Smoke Damage Claims in Reno
When a fire produces smoke, it is clearly visible. You can often tell what is burning by the color of the smoke.
Once the smoke visually disappears, there can still be traces left behind as residues or odors. Although that can make a home uninhabitable, it is often hard to convince an insurance company that you’ve suffered direct damage. They will look for structural damage to determine a direct loss.
Smoke from a fire can also produce complex inorganic residues from burnt plastics and other materials that are difficult to clean.
These residues are also highly invasive, as they can travel through HVAC systems, penetrate walls, and seep into personal property such as clothing, drapes, and furniture. This requires specialized cleaning that insurance companies often undervalue.
One way to prove there is serious smoke contamination is to hire a professional to conduct an air quality test. Ironically, insurers won’t pay for that testing.
Common Reasons Insurers Deny Smoke Damage Claims
You might feel grateful that your home wasn’t destroyed in a fire, but the smoke damage can still make your home unsafe to live in and cause significant damage to your property.
When you submit a smoke damage claim, you should be prepared for a denial based on one or more of the following insurance company reasons:
Lack of Visible Damage
An insurance adjuster who comes to inspect your property might try to make the cosmetic argument. They will claim that since they can’t see soot, the damage can be handled by opening the windows and a general cleaning. That could mean that fixes below your deductible force you to go out of pocket.
Pre-Existing Conditions
Much like an insurer can deny a health claim on pre-existing conditions, they could also use the same claim with smoke odors, claiming it could be attributed to cooking or smoking rather than a close fire incident.
The “Pollution” Exclusion
An insurance company can argue that smoke from an external source, such as a wildfire, constitutes pollution rather than direct fire damage. That could allow them to exclude it from your coverage.
Improper Cleaning and Replacement Claims
An insurer might attempt to reject your smoke damage claim because of a disagreement over how deep the cleaning needs to be. For instance, they might be willing to pay for dry cleaning rather than replace those items. They might also ignore contamination within ductwork and HVAC systems and refuse to pay for specialized cleaning.
Speaking with an experienced Reno wildfire insurance lawyer can provide you with viable options to help pursue a smoke damage claim when your insurance company is denying it outright.
Nevada Laws Protecting Policyholders in Insurance Disputes
You might assume that going up against an insurance company is a battle you’ll never win.
You don’t have to accept that premise. There are laws in place designed to protect policyholders in insurance disputes. Here are the protections you should be aware of:
Prompt Payment and Investigation
When a claim is presented to an insurer, they are obligated to promptly investigate claims and pay valid claims within 30 working days of receiving proof of loss.
Unfair Claims Practices
Nevada law NRS 686A prohibits insurers from misrepresenting policy provisions, failing to acknowledge claims, and denying claims without reasonable investigation.
Bad Faith Liability
If your insurance company engages in bad faith practices, you are entitled to seek compensatory damages, emotional distress, and punitive damages. Bad faith practices include the following:
- Intentional delays
- Lack of proper investigation
- Misrepresenting policy terms
- Lowball settlement offers
The Nevada Division of Insurance Consumer Services Section is the state-wide agency tasked with investigating complaints against insurance carriers accused of bad faith practices.
They’re also the agency responsible for enforcing the standards and laws.
Even though these laws are in place, an insurance company can still engage in those tactics that prevent you from getting the compensation you’re entitled to. That is when you’ll need to enlist the help of an experienced insurance claims attorney who can provide you with the guidance to decide if you should move forward.
Frequently Asked Questions About Smoke Damage Claims
Can I sue my insurance company for denying a smoke damage claim in Nevada?
Yes, if your insurance company denies a valid smoke damage claim without a reasonable basis or fails to conduct a proper investigation, you may have grounds for a bad faith lawsuit. Nevada law allows policyholders to pursue damages beyond the original policy limits if the insurer acted in bad faith. Consulting an attorney can help determine if the denial violates your policy terms or state law.
What is considered hidden smoke damage after a fire?
Hidden smoke damage refers to particles, soot, and corrosive residues that settle inside wall cavities, attic insulation, and HVAC ductwork. Even if a property looks clean, these toxins can cause long-term health issues and persistent odors. Professional testing by an industrial hygienist is often necessary to prove the full extent of this damage to an insurance company.
How long does a Reno smoke damage lawsuit typically take?
The timeline for a smoke damage insurance dispute varies depending on the complexity of the damage and the insurer’s willingness to negotiate. While some cases settle in a few months through aggressive negotiation, litigation involving bad faith can take a year or longer. Your lawyer can provide a more specific estimate after reviewing the details of your claim and the insurer’s conduct.
How an Experienced Reno Lawyer Maximizes Your Recovery
One of the most important types of support that an experienced Reno lawyer can provide is an accurate valuation of your claim. That is especially vital in a smoke damage claim when the insurance company is resistant to paying a fair reimbursement for your damages.
The Law Office of Matthew L. Sharp is a skilled Reno wildlife insurance lawyer who is not afraid to take on a major insurance company when they step out of line.
When we agree to work together, we’ll conduct a thorough investigation into how your smoke damage occurred and the lasting impact on you and your family.
We’ll also take over communications with the insurance company, which will often prompt them to act. When they recognize your strong resolve, it tends to motivate a fair negotiation. When the insurance company continues to pose challenges, we might suggest filing a civil lawsuit. That is another great motivator to reach a settlement.
If you’ve suffered smoke damage from a nearby fire, we want to hear from you. You can schedule a free consultation to find out what happened and discuss your best options for moving forward.
A denial from an insurer doesn’t automatically mean the end of the claim process.
CLIENT TESTIMONIALS
“I recently retained the professional services of Matthew Sharp and his law firm to represent my interest in a legal proceeding. Mr. Sharp and his firm shall I say was way over the top in providing excellent and sound legal advice. His professional attitude and attention to detail during the entire process was second to none as well as the rapid and courteous responses from Mr. Sharp and his staff to any and all of my questions regarding my case. Furthermore, I would give my utmost support to anyone choosing Mr. Sharp and his firm in any type of legal representation.”
- RICK S.
