Q1. If my loss is not covered by any insurance policy that I have taken out, do I have any other options for compensation?

Yes. The absence of your own insurance coverage does not stop you from seeking compensation. You may seek to rely on, among other things, any applicable civil claims, building-wide insurance (if any), employment-related protection (if, e.g. the injury happened in the course of work), and any available emergency support schemes (subject to eligibility).

In other words, that means a person without insurance may still claim against another person or entity (e.g., a contractor, a consultant, Owners’ Corporation, property manager, occupier, or other party) if the evidence shows that the other person’s act or omission caused the fire or worsened the damage.

By way of example only, without implying any liability or prospects of success, and without intending to be exhaustive:

one legal route is a civil claim based on negligence, which, in simple terms, means that another person or entity failed to exercise reasonable care (such as the person or entity who directly caused the fire, if careless conduct or wrongful acts can be proved) and that this failure caused your loss.
Moreover, where the loss is linked to the condition of the premises, section 3 of the Occupiers Liability Ordinance (Cap. 314) may be relevant, under which an occupier owes a “common duty of care” to visitors.
If you are a flat owner, there may also be building or fire insurance arranged at the building level through the Owners’ Corporation.
If the injury or death happened in the course of employment, the employer may have separate statutory liability under the Employees’ Compensation Ordinance (Cap. 282). Moreover, an employer would normally have insurance for work-related accidents. Assistance may be sought from the Employees’ Compensation Division of the Labour Department.

However, it must be emphasized that who you can sue, whether you have a viable claim and what compensation, if any, may be recoverable will depend heavily on the specific facts and evidence (including, amongst other things, the factual circumstances, cause and result of the fire and who controlled the relevant area or equipment) and should not be assumed without legal advice. You should also note that, if the claim fails, you may be ordered to pay the legal costs of the successful defendants.

As a practical matter, it would be prudent to preserve evidence, e.g. gathering photographs and videos of the damage, fire reports, repair quotations, invoices, receipts for temporary accommodation and replacement items, tenancy documents, title records, and any messages showing earlier complaints about electrical faults, smoke, alarms, or safety problems. You should also identify every possible source of payment.

Practical steps (without intending to be exhaustive):

Notify insurers (if any) and request relevant policy details (including, amongst others, personal insurance, employer’s insurance and Owners’ Corporation’s building-level insurer)

Obtain legal advice early before commencing any civil claim, engaging in any correspondence with potential defendant(s), entering into any settlement negotiation or signing any settlement or relevant legal documents.

Ask a solicitor to identify the potential defendant(s) and the relevant cause(s) of action against each defendant, e.g. negligence, breach of statutory duty, property damage, personal injury, fatal accident, tenancy, contract, employee compensation, occupier’s liability, and/or any potential other cause(s) of action (or a combination of them) and their respective merits, the required evidence, anticipated legal expenses and the estimated duration of the relevant litigation procedures.

Make a written request (through lawyers or otherwise) to the proposed defendant(s) to preserve documents, CCTV, maintenance records, inspection logs, and internal communications.

Write down a timeline of events while your memory is fresh, including when you first noticed danger signs, whom you told, and what happened after the fire.

Keep proof of loss, including ownership records, tenancy agreement, photographs, bank statements, receipts, and valuation evidence.

Ask for copies of any fire reports, management notices, maintenance records, insurance details, and repair history.

If your title deeds or ownership papers were destroyed, obtain certified copies through a land search at the Land Registry for a fee. See: https://www.landreg.gov.hk/en/contact/contact_1.htm

Pay close attention to the outcome of any criminal prosecution or death inquest arising from the incident (if any), as the findings may provide an indication as to who could potentially be held liable in a civil claim.

For families dealing with a death, there may also be estate-related steps alongside the compensation claim. Probate or letters of administration may be needed before full control of the deceased’s assets can be exercised. Probate Registry hotline: 2840 1683. For more information, you may refer to the topic “Probate” on CLIC.