Maui Fire Claim Guide

Real Property Claims

Real Property Claims are claims for damage to structures on residential or commercial real property, landscaping, native plants, and other real property improvements, such as hardscape, fencing, retaining walls, pools, and solar panels, caused by the Maui Fires.

Who may submit a Real Property Claim?

A Real Property Claim may be submitted only by the owner of the real property that was damaged or destroyed. If a property has multiple owners, claimants may submit a single joint claim or separate claims for the same loss location address. All claimants must provide documentation verifying ownership and the ownership percentage of each co-owner.

If the owner is deceased, the estate should be registered as an Estate Claimant and should submit the claim. If the owner is a trust, the trust should be registered as a Trust Claimant. In both cases, the personal representative or trustee is identified as the authorized representative but cannot file the claim individually.

Leaseholders may also submit a claim if they held a lease executed before the fires that gave them the right to possess the property and made them responsible for repairs caused by the fires.

Documents to prove ownership

• Recorded deed
• Land grant
• Certificate of title
• Lease, sublease, or recorded memorandum of lease
• Other official documentation establishing ownership at the time of the Maui Fires

If your name appears differently on your property records or deed than it does in the Maui Portal, you must provide documentation proving the connection between names, such as a government-issued ID, birth certificate, marriage certificate, divorce decree, or court order for a name change.

Documents to support your Reasonable Cost of Repair

• Plans, construction contracts, or invoices
• Architectural or engineering drawings
• Permits
• Construction estimates
• Appraisals
• Insurance claim files
• Tax records
• Purchase records
• Association real property assessment records
• Mortgage or loan documentation showing the pre-fire condition or value of the property
• Pre-fire and post-fire photos or videos of the structures (interior or exterior) or other damaged areas of the property

How claims are evaluated

The Settlement Program compensates Real Property Claims using one of two methods: Reasonable Cost of Repair, or Diminution in Value. Claimants who still own the property are eligible to receive the documented Reasonable Cost of Repair. Claimants who no longer own the property are eligible to receive the lesser of Diminution in Value or Reasonable Cost of Repair.

If your property was not damaged by the fires, you should not file a Real Property Claim. If your property sustained only smoke and ash damage, compensation is based strictly on the actual, documented costs you incurred for remediation.

Personal Property Claims

Personal Property Claims are for the actual cash value of personal property, such as household items, clothes, furniture, tools, art, automobiles, or watercraft, that were damaged or destroyed by the Maui Fires.

Who may submit a claim, and how claims are evaluated

A Personal Property Claim may be submitted only by the claimant who owned the property. Claimants may submit claims for each address or loss location where personal property was damaged or destroyed. Claimants are assigned to a category based primarily on their relationship to the affected address, and each category has an established cap on the amount a claimant may receive.

For properties that sustained smoke, soot, and ash damage, the Settlement Program provides $2,500 for personal property contents based on the lesser of the cost to repair or actual cash value, unless the claimant submits documentation supporting a higher value.

Documents to prove ownership

• Proof of residence at a property affected by the fires
• Proofs of purchase, such as receipts or invoices
• Insurance claim files
• Pre-fire appraisals
• Canceled checks or bank statements
• Proofs of payment for storage or a hotel, such as a storage locker agreement or hotel receipt
• Pre-fire and post-fire photos or videos showing you possessed the damaged property

Scheduled Items, Automobiles, Watercraft, and Other Vehicles

Scheduled Items are personal property specifically added to an insurance policy beyond the standard coverage limit and individually listed with their own coverage amounts. Automobiles, Watercraft, and Other Vehicles includes cars, trucks, motorcycles, RVs, scooters, golf carts, ATVs, boats, jet skis, trailers, and similar vehicles registered in the County of Maui.

For these categories, claimants must submit documentation showing pre-fire ownership, proof of damage caused by the fires, and the actual cash value or cost of repair at the time of the fires. For vehicles, claimants must also submit insurance policies and related claim files if insured. If a claimant can only document proof of ownership and damage, the Settlement Program may provide compensation of up to $1,000 per item.

Acceptable documentation includes a receipt, bill of sale, title, title transfer form, insurance card, or registration; pre-fire and post-fire photos or videos; and valuations, including professional appraisals, insurance documents, Kelley Blue Book or NADA valuations, comparable sales, or repair invoices and estimates.

What is not covered

An inventory or list of damaged items is not required, though a brief description with an estimated value is helpful. Business personal property is not compensable under this category and must be asserted as part of a Business Loss Claim instead. The sentimental or cherished value of items is also not compensable.

Additional Living Expenses / Loss of Use Claims

ALE/LOU Claims cover additional living expenses, such as extra costs incurred due to displacement including temporary housing, meals, and incidentals, as well as loss of use of property, caused by the Maui Fires.

Who may submit a claim

An ALE/LOU Claim may be asserted only by or on behalf of an individual claimant who, as an owner, renter, or occupant, lawfully resided at a property as their primary personal residence affected by the fires, and who experienced physical displacement as a result.

This claim type does not apply to landlords or owners who did not reside at the property full-time, or to short-term occupants such as tourists or temporary visitors. Minors may file an ALE/LOU claim if they can document that they personally incurred and paid the expenses.

How claims are evaluated

ALE (Additional Living Expenses) is recoverable by owners, renters, or occupants who resided full-time at the property. Eligible claimants may receive the full, proven amount of additional expenses, or up to $5,000 if they cannot document a specific amount. LOU (Loss of Use) is recoverable only by owners who resided full-time at the property, and is calculated using the fair rental value of the property before the fires multiplied by the number of months the claimant was displaced.

Claims for increased rental costs are also recoverable, based on proof of both the pre-fire rent amount and the higher post-fire rent, along with the length of time the increase was incurred. Claims for lost rental income are not covered here and must be asserted as a Business Loss Claim.

ALE/LOU compensation is limited to a maximum of 60 months from the date of the fires, and calculations end when the claimant obtains a replacement home, sells the property, completes repairs, or returns to the property, whichever occurs first.

Documents that support your claim

• Documents verifying lawful residency at the property
• Insurance claim files
• Receipts for temporary housing, food, or other expenses incurred as a result of displacement
• Post-fire rental agreements and utility bills
• Storage fees
• Mileage logs
• Bank statements
• Rental estimates

Wage Loss Claims

Wage Loss Claims are filed by or on behalf of individuals who were paid wages reported on a Form W-2, or who were sole proprietors or independent contractors who did not report expenses on a Schedule C, and who lost wages due to property damage or a Treated Personal Injury within the fire-affected area caused by the Maui Fires.

To be eligible, you must have owned real or personal property that was damaged by the fires, or sustained a personal injury that was medically treated. If you own a business and the business paid you wages, or if you report expenses on a Schedule C for a business you own, those lost wages should be claimed as a Business Loss instead. Lost rental income should also be asserted as a Business Loss Claim.

Benchmark Period and Loss Period

The Benchmark Period is the period before the fires used as a baseline to establish pre-fire wages. Claimants select one of: the average of 2021 and 2022, 2022 alone, or a pro-rated calculation for 2023. The Loss Period is the time after the fires used to calculate lost wages, and claimants are responsible for demonstrating the duration of their wage loss.

Documents that support your claim

• Tax returns (Form 1040), including all schedules and attachments
• W-2 forms
• 1099 forms
• Social Security statement showing wage income in 2022 or 2023
• Paystub, paycheck, or other payroll records
• Other supporting documents in your possession

If you did not have income for a given year in the Benchmark or Loss Period, you can request a free Wage and Income Transcript from the IRS website and submit it along with your other documentation.

Review types

Expedited Wage Loss Review is a streamlined process providing a fixed award of $2,000 or $5,000 after proving eligibility and causation with limited documentation. General Wage Loss Review calculates the difference between your predicted post-fire income and actual post-fire income over your proven Loss Period, up to a maximum of 40 months. Individualized Wage Loss Review is a specialized review by a forensic accountant, available if you have insufficient historical wage data or suffered a long-term or permanent disability from a Treated Personal Injury.

Business Loss Claims

Business Loss Claims are for economic losses suffered by a business as a result of damage to the business’s property or a Treated Personal Injury caused by the Maui Fires. These losses include lost net profits, lost net rental income, damaged or destroyed business property or inventory, and reasonable remediation expenses.

Who may submit a claim

Any authorized business representative may submit a claim, but the claimant’s name must be the business name as it appears on the business’s tax returns, using the business’s EIN. Owners should not submit claims under their own Social Security Numbers for their ownership interest in the business.

Documents that support your claim

• Business formation and ownership verification records
• Profit and loss statements
• Tax returns, including all schedules and attachments
• Insurance disclosure and documentation
• Accounting records or receipts for lost inventory, equipment or property repair, and additional fire-related expenses
• Lease agreements, rental contracts, or property management statements for lost rental income claims
• Other supporting documents in your possession

If you no longer have access to your business’s Annual Federal Tax Returns, you can request transcripts by filing IRS Form 4506-T.

Review types

Expedited Business Loss Review provides a fixed award of $10,000 after proving eligibility and causation with limited documentation. General Business Loss Review calculates the difference between predicted and actual post-fire income over the proven Loss Period, up to a maximum of 60 months. Individualized Business Loss Review is a specialized forensic accountant review, available for businesses with insufficient historical income data, multiple loss locations, sole proprietors with a Treated Personal Injury, or specialized industries such as agriculture.

Physical Injury Claims

Physical Injury Claims are for physical, bodily injuries suffered because of your presence within the fire-affected area at the time of the Maui Fires. Claimants must establish that the fires were a substantial contributing factor causing the injury for which they sought medical treatment. Claimants who were outside the affected area, or who did not receive treatment for their injuries, are not eligible.

The One Ohana Fund

If you are or may be eligible for payment from the One Ohana Fund, you must register for and seek payment from that fund before you can pursue a Physical Injury Claim in the Settlement Program. If you already received a Serious Physical Injury award from the One Ohana Fund, you may still be eligible for additional money from the Settlement Program, but your award will be reduced dollar-for-dollar by the amount already received for the same injury.

Documents that support your claim

• Treatment records identifying the type, severity, and extent of your injury
• Records establishing, to a reasonable degree of medical certainty, that the fires were a substantial contributing factor causing the injury
• Records reflecting all treatment required and received
• Complete medical billing records, clearly identifying amounts incurred and paid by you and any insurance company or third-party payor

You must also submit your most recent pre-fire medical records, or other reliable proof, to establish your general state of health before the fires. This is especially important if you are asserting that the fires worsened a pre-existing condition.

Wrongful Death Claims

Wrongful Death Claims assert damages from the death of an individual who died in the Maui Fires, or who was within the fire-affected area and, to a reasonable degree of medical certainty, died as a result of the fires.

Who may submit a claim?

Under Hawaii law, a Wrongful Death Claim may be asserted by any of the following eligible relatives, or by the decedent’s authorized representative on their behalf: the decedent’s surviving spouse, reciprocal beneficiary, children, father, mother, or any person wholly or partly dependent on the decedent. Eligible relatives with different law firms, or no law firm, do not need to submit a joint claim; the Settlement Program will consider all documents submitted for the same decedent together.

The One Ohana Fund

If you are or may be eligible for payment from the One Ohana Fund, you must register for and seek payment from that fund before pursuing a Wrongful Death Claim in the Settlement Program. If you already received a Wrongful Death award from the One Ohana Fund, your Settlement Program determination will be reduced dollar-for-dollar by that amount.

Documents that support your claim

• Documents verifying your identity and relationship to the decedent
• Documents confirming the decedent’s cause of death and establishing that the fires were a significant contributing factor
• Documents establishing the decedent’s general state of health before the fires, preferably medical records from a primary care physician

If you do not have records showing the decedent’s health at the time of death, it may be necessary to open a probate estate, issue a subpoena, or take other steps to obtain them. In limited circumstances, the Special Masters may accept an affidavit describing your efforts along with an attestation from a relative about the decedent’s general health.

A Wrongful Death Claim can also compensate for the decedent’s funeral and burial costs, submitted by the authorized representative of the decedent’s estate.