Cause and origin come first
Fire investigators try to determine where a fire started and how, and whether it was accidental or intentionally set. Their methods have changed over time, and some indicators once treated as signs of an intentional fire have been questioned in current fire investigation guidance. In New York, arson is graded by degree, and both intentional and reckless fire damage can be charged. The investigator's conclusion is often the core of the prosecution, which makes an independent review of the scene evidence important.
The insurer's investigation
Property policies usually require the insured to cooperate, which can include a recorded statement or an examination under oath, and refusing can jeopardize the claim. At the same time, insurers commonly share information with fire and law enforcement officials, and many states have laws that encourage that sharing. Anything you say to an insurer can reach the prosecutor. Arson charges are sometimes paired with insurance fraud allegations, so financial records, debts, and recent changes to the policy are often examined. Before any statement or examination, have criminal defense counsel coordinate with whoever is handling the claim.
What we do first
We find out who has custody of the scene and the physical evidence, and we ask early for preservation so that a retained fire investigator can review it. Records that predate the fire, such as electrical work, appliance repairs, complaints to a landlord, and photographs, can help explain an accidental cause. Phone location data and building access records often appear in the case. Do not discuss the fire on social media or with others who may be witnesses, and do not discard damaged items until you have spoken with counsel. If a public adjuster or a contractor is involved, tell your lawyer, since their records may also be requested.
