Insurance Claim Filing FAQ

To file an insurance claim in California, you must first notify your insurance company promptly after discovering the loss or damage. California Insurance Code Section 2071 requires policyholders to provide written notice as soon as practicable. Begin by contacting your insurer's claims department via phone, online portal, or in writing. You will need to provide your policy number, date of loss, description of the incident, and preliminary damage estimates.

Most insurers have 24/7 claims hotlines for immediate reporting. After initial notice, complete the formal proof of loss documentation within the timeframe specified in your policy, typically 60 days. Document everything with photographs, videos, and written descriptions. Keep copies of all correspondence and maintain a claims diary noting dates, times, and names of everyone you speak with. California law requires insurers to acknowledge receipt of your claim within 15 days under Insurance Code Section 790.03.

California insurance claim deadlines vary by policy type and circumstance. Generally, you must notify your insurer "promptly" or "as soon as practicable" after a loss occurs. Most policies specify a formal proof of loss must be submitted within 60 days of the insurer's request. However, California Insurance Code Section 2071 allows reasonable extensions when circumstances prevent timely filing.

For property claims, the statute of limitations to file a lawsuit is typically four years from the date of loss under California Code of Civil Procedure Section 337. For bad faith claims, you have two years under CCP Section 339. Importantly, some policies contain shorter contractual limitation periods, which California courts have upheld if reasonable. Natural disaster claims often receive extended deadlines through emergency regulations. Always review your specific policy language and file as soon as possible to preserve your rights. Late filing can result in claim denial, though California courts may excuse delay if the insurer was not prejudiced.

Filing an insurance claim in California requires comprehensive documentation to support your loss. Essential documents include your insurance policy declarations page showing coverage limits, a completed proof of loss form provided by your insurer, and detailed inventory of damaged or lost items with descriptions, ages, and values. For property damage, take extensive photographs and videos before making temporary repairs. Obtain written repair estimates from licensed contractors.

Keep all receipts for emergency repairs and additional living expenses if displaced. For theft claims, file a police report and obtain the report number. Medical records and bills are required for injury-related claims. California Insurance Code Section 2071 specifies proof of loss requirements. Business interruption claims need financial records including tax returns, profit and loss statements, and documentation of lost income. Maintain organized files with copies of all correspondence, claim forms, and communications. Consider creating a timeline of events and keeping a detailed log of all phone conversations with your insurer, including dates, representatives' names, and discussion summaries.

California has strict timelines governing insurer responses to claims. Under California Insurance Code Section 790.03 and California Code of Regulations Title 10, Section 2695.5, insurers must acknowledge receipt of your claim within 15 calendar days. They must then begin their investigation immediately and provide you with necessary claim forms and instructions. Within 40 days of receiving proof of loss, the insurer must accept or deny the claim, or notify you that additional time is needed with a valid explanation.

If more time is required, they must provide status updates every 30 days. Once liability is determined and the claim approved, payment must be made within 30 days. For claims requiring independent medical examination or inspection, the insurer must schedule these within a reasonable time, typically interpreted as 30 days. Violations of these timelines may constitute bad faith and can result in penalties, including liability for consequential damages, emotional distress, and potentially punitive damages under California law.

Yes, you can file an insurance claim without a police report in California for many types of losses, though having one significantly strengthens your claim. Police reports are typically required for theft, vandalism, hit-and-run accidents, and crimes. For natural disasters, accidents on your own property, or weather-related damage, police reports are generally unnecessary. However, your policy language controls this requirement, so review your specific coverage.

California Insurance Code does not mandate police reports for all claims, but insurers may contractually require them for certain loss types. Without a police report for theft or crime-related claims, insurers may question the validity of your claim or request additional evidence. If you cannot obtain a police report because officers declined to respond or time has passed, document your attempts and provide alternative evidence such as witness statements, photographs, security footage, or alarm company records. Filing a report, even after the fact, creates an official record that supports your claim's legitimacy and may be necessary for subrogation efforts.

After filing your insurance claim in California, a defined process begins governed by state regulations. First, within 15 days, your insurer must acknowledge receipt and assign a claims adjuster to your case under California Code of Regulations Section 2695.5. The adjuster will contact you to discuss the claim, request documentation, and schedule inspections if needed. For property damage, expect an adjuster visit within a reasonable timeframe to assess damages firsthand.

The insurer will investigate by reviewing your documentation, examining the damage, potentially interviewing witnesses, and verifying coverage. They may hire independent experts, engineers, or contractors for evaluation. Within 40 days of receiving your proof of loss, the insurer must make a coverage decision. If approved, you will receive a settlement offer detailing the payment amount and calculation methodology. You can accept, negotiate, or dispute this amount. Once agreement is reached, California law requires payment within 30 days. Throughout this process, maintain communication records, respond promptly to requests, and document everything. You have the right to dispute unfair valuations through appraisal or other resolution methods.

Filing an insurance claim itself costs nothing in California, as this is a fundamental right under your policy contract. However, there are associated costs to consider. Your deductible, the amount you pay before insurance coverage begins, typically ranges from $500 to $2,500 for homeowners policies and $250 to $1,000 for auto policies. Higher deductibles mean lower premiums but more out-of-pocket expense per claim.

Filing a claim may impact your future premiums, potentially increasing rates at renewal by 20-40% depending on the claim type and your history. California Insurance Code Section 1861.02 regulates rate increases, and Proposition 103 requires prior approval of rate changes. Some policies have claims-free discounts you may lose. Multiple claims can affect your insurability, potentially leading to non-renewal. Consider whether the claim amount justifies these costs, a general rule suggests not filing claims for amounts less than twice your deductible. Consultation with a public adjuster, typically charging 10-15% of the settlement, can maximize recovery but adds cost. Attorney fees for disputed claims are usually contingency-based at 33-40%.

No, you cannot legitimately file an insurance claim for pre-existing damage in California, and attempting to do so constitutes insurance fraud under California Penal Code Section 550. Insurance policies cover sudden, accidental losses that occur during the policy period, not damage that existed before coverage began or before a covered event. Insurers investigate claims to determine whether damage is new or pre-existing using various methods including prior inspection records, satellite imagery, building permits, maintenance records, and expert analysis.

Pre-existing damage fraud is a felony in California, punishable by up to five years in prison and fines up to $50,000 or double the fraud amount. However, if a covered event worsens pre-existing damage, you may claim the additional damage caused by the covered event. For example, if an earthquake causes further cracking to previously cracked foundation, the incremental damage may be covered. Document your property's condition regularly with dated photographs to establish baseline conditions. Honest disclosure of pre-existing conditions when applying for insurance protects you from claim denials based on misrepresentation under Insurance Code Section 331.

If your insurance company ignores your claim in California, you have several recourse options and potential legal remedies. First, document all your communication attempts including dates, methods, and non-responses. Send a formal written demand via certified mail with return receipt, referencing California Insurance Code Section 790.03 and the 15-day acknowledgment requirement. If the insurer continues to ignore you, file a complaint with the California Department of Insurance (CDI) at 1-800-927-4357 or through their online portal. CDI investigates complaints and can compel insurer response.

Ignoring claims violates California's Unfair Claims Settlement Practices Act, which prohibits failing to acknowledge communications, failing to act reasonably promptly, and not attempting good faith settlement. Under Brandt v. Superior Court, you can recover attorney fees for bad faith conduct. Persistent claim ignoring may constitute bad faith, entitling you to consequential damages beyond policy limits and potentially punitive damages. Consider consulting with an insurance bad faith attorney who typically works on contingency. The statute of limitations for bad faith claims is two years, but act quickly to preserve evidence and rights.

Filing insurance claims after California wildfires or natural disasters requires immediate action and careful documentation. First, ensure personal safety and contact your insurer's emergency claims line, as most activate special disaster response teams during declared emergencies. California Insurance Code Section 675.1 requires insurers to provide advance payment for living expenses if your home is uninhabitable, typically within 30 days without requiring detailed proof. Document damage extensively with photographs and videos before cleanup, but do not delay emergency repairs to prevent further damage.

Keep all receipts for emergency expenses including temporary housing, food, clothing, and essentials. Create a detailed inventory of lost possessions, using photos, bank statements, credit card records, and online purchase histories to reconstruct values. California Insurance Commissioner typically issues emergency regulations extending filing deadlines after major disasters, often to one year or more. Contact CDI for current extensions applicable to your disaster. Consider hiring a licensed public adjuster, especially for total losses, who can navigate complex claims and maximize recovery. Apply for FEMA assistance as a supplement, not replacement, for insurance coverage. Be wary of contractor fraud common after disasters and verify all licenses through California's Contractor State License Board.