Wildfire smoke and ash damage: making a claim when your home is still standing

If your home is still standing after a wildfire but smells of smoke, has ash in the vents, or makes your family cough, you may have a smoke damage claim. A wildfire in California today burns through whole neighborhoods, not just brush, and the smoke from burning houses, cars and older paint carries more than soot. Many families with standing homes have felt that their losses were treated as minor. They are not minor.

This guide explains, as of October 2026, what contamination testing has found after the Eaton Fire, how testing and cleanup work, why insurers and homeowners have fought over smoke claims, what a new 2026 California law changes, what public-health officials recommend, how a claim against the utility can cover smoke-only damage, and what to document. It is general information, not legal or medical advice.

What is in wildfire smoke and ash?

When homes burn, the smoke and ash can carry lead from old paint, asbestos from older building materials, and other heavy metals. That matters in Altadena: more than 70% of homes in the Eaton Fire area were built before 1979, according to USC research cited in Los Angeles County's soil report, as Pasadena Now reported.

The County's final soil testing report, released in September 2025, found that 10 of 23 sampling grids with intact homes exceeded California's residential screening level for lead of 80 milligrams per kilogram, with average concentrations between 80.2 and 167. Officials attributed the lead mainly to the burning of older homes with lead-based paint.

The Eaton Fire testing debate

Because no single testing standard existed, residents started gathering their own data. LAist reported in November 2025 on results compiled by Eaton Fire Residents United from 50 Altadena-area homes, most of them cleaned by professional remediation companies:

• 63% of the tested homes had floor lead levels well above EPA screening thresholds after cleaning.
• 36% of the cleaned homes that were tested for asbestos were positive; only about half the homes were tested for asbestos.
• All six homes tested for heavy metals showed chromium, barium, copper and zinc.

Caltech geochemist Francois Tissot, who was not involved, told LAist he had expected post-cleaning values "would look really good," and suggested "maybe the cleaning protocols are insufficient for urban fires." The group's data lead called for industry standards, since testing methods varied from home to home. The group has pushed for homes to pass clearance testing before families move back, and for insurers to keep paying relocation costs until they do.

These results come from a resident group, not a government agency, and the homes were not a random sample. But they help explain why "it looks clean" is not the same as "it is safe," and why testing has become the center of so many claim disputes.

Testing and cleanup: what a proper process looks like

A careful smoke claim usually follows these steps:

1. Testing before cleanup by a licensed industrial hygienist, sampling surfaces, air, HVAC systems and soil, and checking for lead, asbestos and other metals, not only soot.
2. A written protocol that says what will be cleaned, replaced or removed, based on the test results.
3. Remediation by a qualified contractor, including ducts, insulation, soft furnishings and attic spaces when the testing supports it.
4. Clearance testing after cleanup to confirm the home meets health-based levels before your family returns.

Disputes usually arise at steps one and four: whether the insurer will pay for testing at all, which tests count, and whether cleaning is finished when a contractor says it is or when clearance testing says it is.

Why insurers and homeowners fight over smoke claims

For years, some policies and adjusters treated smoke damage as cosmetic unless it was visible or caused lasting physical change. That approach has been rejected in California.

• In March 2025, the Department of Insurance issued Bulletin 2025-7 directing all insurers, including the FAIR Plan, to properly investigate and pay legitimate smoke claims, and in May 2025 it deemed the FAIR Plan's "permanent damage" policy language unlawful and unenforceable, according to the Department's July 2025 announcement.
• In June 2025, Los Angeles Superior Court Judge Stuart Rice struck down two FAIR Plan smoke-damage rules: the requirement of "permanent physical changes" and the requirement that damage be visible rather than proven by lab testing. The FAIR Plan said it did not expect to appeal.
• In July 2025, the Department took enforcement action against the FAIR Plan alleging at least 418 violations of consumer protection laws in its handling of smoke claims, and announced a market conduct examination of State Farm's wildfire claims handling.

The 2026 Smoke Damage Recovery Act (AB 1795)

In September 2026, Governor Newsom signed AB 1795, the Smoke Damage Recovery Act, authored by Assemblymember Mike Gipson and sponsored by Insurance Commissioner Ricardo Lara. According to the Department of Insurance and Insurance Journal, the law:

• Presumes that smoke damage within a wildfire impact zone was caused by the wildfire.
• Requires insurers to pay for necessary testing and sampling.
• Bars insurers from ending living expense benefits until qualifying homes are restored and safe to occupy.
• Requires repair estimates that restore homes to pre-loss condition while meeting health and safety standards, and keeps your right to choose a restoration contractor.
• Sets timelines for inspections and claim handling, and directs the Department and CalOES to study smoke damage from the Lineage warehouse fire in Boyle Heights.

The law grew out of the Commissioner's Smoke Claims & Remediation Task Force, which included CAL FIRE, public health experts, restoration specialists and survivor groups. Gipson said, "Insurers, not survivors, must bear the responsibility of proving that a home is safe." The insurance industry's trade group called the law "a meaningful step toward clearer guidance." The published summaries do not state the law's effective date or how it applies to claims already open from the January 2025 fires, so ask your insurer, in writing, how it is applying the new law to your claim. If you are dealing with the Lineage Boyle Heights warehouse fire, this law is directly relevant to you.

What public-health officials recommend

Los Angeles County Public Health's final soil report recommended that residents concerned about their property get individual soil testing and consult environmental professionals, and that soil handling during rebuilding minimize exposure to affected surface soil. Practical steps that residents and scientists quoted by LAist have recommended include HEPA air filters and leaving shoes outside. Tissot also suggested blood lead tests for children living in the area.

If anyone in your home has new or worsening breathing problems, headaches, rashes, or other symptoms since the fire, see a doctor and mention the smoke exposure. Medical records made now are also important evidence later.

Claims against the utility for smoke-only damage

You do not need a burned house to have a claim against the utility that caused a fire. Contamination, cleanup and replacement costs, time out of your home, loss of use, and harm to your health can all be part of a claim. For the Eaton Fire, smoke and ash claims against Southern California Edison are part of the Eaton Fire case, and property claims generally must be filed by January 2028; injury claims generally by January 2027.

SCE's compensation program also pays for smoke, soot and ash. Under its published Protocol, owners of structures in Zone 2 with non-burn smoke, soot or ash damage receive a flat $10,000 per structure, not reduced by insurance; residents of those homes receive $10,000 per adult and $5,000 per child for non-economic harm; and tenants receive $5,000 per person, plus a Direct Claim Premium in some categories. Accepting means releasing all claims against SCE, including future ones, so compare those amounts to your real testing, cleanup and relocation costs first. Our guide to the SCE Wildfire Recovery Compensation Program explains how to weigh an offer.

If your insurer paid for part of the cleanup, you can still pursue the utility for what insurance did not cover. See underinsured after a wildfire, and if you rent, renters' rights after a wildfire.

Documentation checklist for a smoke damage claim

• Photos and video of every room, vents, filters, attic, yard and outdoor furniture, with dates.
• All test reports, sampling maps and lab results, before and after cleanup.
• Remediation estimates, contracts, invoices and the scope of work actually done.
• Your full insurance policy and every letter, email and estimate from your insurer.
• Receipts for hotels, rent, meals, mileage, air purifiers and replaced belongings.
• Items you threw out: a list, photos, and the reason.
• Medical visits and symptoms, for every family member, with dates.
• Notes of every call with your adjuster or contractor: date, name, what was said.
• Any SCE program offer or determination letter, unsigned.

How LaCour can help

We represent people affected by the Eaton Fire, GKN and Lineage events, including families whose homes survived but were contaminated. We can review your testing, your insurer's position and any SCE offer, and explain what a utility claim could add. Spanish-speaking lawyers are available. Ask for a free, confidential review; there is no fee unless there is a recovery.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.