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Fireworks Losses

Fireworks start roof fires, yard and brush fires, garage fires, and car fires, mostly around July 4th and New Year's. If your insured set off the fireworks, it is usually an accident with no recovery. If a neighbor, a guest, a tenant, a public show, or a defective firework caused it, there may be a recovery.

What it coversNeighbors, guests, tenants, public shows, misfires, local bans

Step-by-step checklist

Identify

Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
Make sure no evidence is touched or moved until the expert has secured the scene
Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
Find out who lit the fireworks and where they stood
Ask what kind of firework it was, and where it was bought
Check for a public show, a tenant, or a party host

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

Notify the person who lit it, the property owner where it was lit, and any show company
Ask each party for their homeowner's, renter's, or liability insurance

Investigate

Get the fire department and police reports
Get witness statements and neighbor videos or doorbell cameras
Save any firework debris, packaging, and receipts

Demand, negotiate, and settle

Send the demand packet
Follow up, then send the second demand if needed
Review the release, pay the deductible, and close

1. Identify

How these losses happen

Aerial fireworks landing on a roof, in gutters, or in dry brush
Fireworks lit too close to a house, garage, fence, or parked car
Used fireworks thrown in a trash can or left on a deck while still hot
A firework that tips over, fires sideways, or explodes early
A public or professional show that drops burning debris on homes nearby
Fireworks set off where local law bans them, or during a burn ban

Is there anyone to recover from?

What you find	Who may be responsible
Your insured lit the fireworks	Usually no recovery
A neighbor lit them	The neighbor
A guest at your insured's party lit them	The guest
A tenant lit them at the insured's rental	The tenant
A public show dropped debris	The show company, and the city or group that hired them
The firework misfired or exploded early	The seller and the maker or importer
Someone lit them where it is banned	That person. The ban helps show fault.

2. Notify and investigate

Evidence checklist

Photos of the damage and any firework debris, before cleanup
Fire department and police reports
Doorbell, security camera, and phone videos from neighbors
Names and statements of everyone who was there
Firework debris, packaging, and receipts
Local fireworks law and any burn ban in effect that day
Show permit and contract, if it was a public show
Mitigation records for the building

3. Demand, negotiate, and settle

Liability theories: negligence, violation of a local fireworks law, product defect for a misfire, and negligence by a show company or its sponsor.

Defenses to expect

Defense	How to answer it
We can't tell whose firework it was	Use videos, witnesses, and where the debris landed
Everyone was setting them off	Narrow it down with the direction of flight and the debris found on the roof
The owner joined in the fun	If your insured did not light it, they did not cause it
The show had a permit	A permit does not excuse careless setup or wind that was ignored

4. Letters for this loss

Step	Letter
Identify	Subrogation Opening Letter to Insured
Notify	Notice of Subrogation Interest and Insurance Request, to Adverse Carrier
Investigate	Evidence Preservation and Joint Scene Exam Notice
Demand	Subrogation Demand to Adverse Carrier
Negotiate	Second Demand with Escalation Notice
Settle	Release Review Checklist, Deductible Reimbursement

Related guides: Wildfires, and Fires from a Neighboring Unit.