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How long can an auto insurance delay your claim? Can they legally request more time? (California State)? |
How long can an auto insurance delay your claim? Can they legally request more time? (California State)? Really doesnt matter what state you live in. Insurance companies can delay and even put off paying a ligitamate claim. Most companies internal policies which the public are not aware of... is to delay and wait out the claim. The odds are in their favor that the claim would not end up in court or just dropped. If your claim has not been processed and has been awhile since filed I suggest you contact a lawyer if you dont already have one. For the insurance company this is a game! wrong, wrong, wrong. it's not always as simple as the big bad insurance company beating on the little guy. believe it or not, there are state regulations that the insurance company has to abide by, if they do not, they can get fined so bad they can go bankrupt. california is no different. for more details, go to the website: http://www.insurance.ca.gov. go through the site (insurance section) and find out what legally the insurance company is required to do. for example, (per the website): (b) Upon receiving proof of claim, every insurer, except as specified in subsection 2695.7(b)(4) below, shall immediately, but in no event more than forty (40) calendar days later, accept or deny the claim, in whole or in part (this means the insurance company has 40 days from receiving the claim and statements, they have to make a decision, if they need more time, this provision states how that works: (c)(1) If more time is required than is allotted in subsection 2695.7(b) to determine whether a claim should be accepted and/or denied in whole or in part, then, every insurer shall provide the claimant, within the time frame specified in subsection 2695.7(b), with written notice of the need for additional time. This written notice shall specify any additional information the insurer requires in order to make a determination and state any continuing reasons for the insurer's inability to make a determination. Thereafter, the written notice shall be provided every thirty (30) calendar days until a determination is made or notice of legal action is served. If the determination cannot be made until some future event occurs, then the insurer shall comply with this continuing notice requirement by advising the claimant of the situation and providing an estimate as to when the determination can be made. ) **if this begins to go on too long, before hiring an attorney, call the state's department of insurance (the phone number is on the site) and make a complaint and ask for assistance. if that fails you, hire an attorney and then take them to court. you could probably go after them for "bad faith" and get your claim taken care of. i work in auto insurance claims. **see this page on that website to know what to do when you have an accident and what is legally required of the insurance company: http://www.insurance.ca.gov/0100-consume... |
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