1) Contact your claims adjuster. If you haven’t heard from your insurance company within 15 days of contacting them or filing your claim, follow up with your claims adjuster. California law requires your insurance company to process your claims within a specific timeframe. Insurance companies have 40 days to approve or deny your claim and 30 days to issue payment if they approve it.
2) Keep written records. Keep a detailed record of all correspondences with your insurance company. This will help support your case if you need to take legal action down the line. In addition to creating a written record, letters and emails tend to get more attention than phone calls. If you do have a phone conversation, be sure to record the time and date of your conversation, what was discussed, and who you spoke to.
3) Contact your claim adjuster’s supervisor. If you still haven’t received an update on your claim, bring the delay to the attention of your adjuster’s supervisor or the president of the company. They should be able to resolve any issues delaying your claim and make sure you promptly receive payment.
4) File a complaint with the state insurance board. Every state has a state insurance board that investigates complaints against insurance agencies. If you file a complaint with your state insurance board, an investigator will contact your insurance company to determine the reason for the delay. This is often enough to prompt your insurance company to process your claim and payment.
5) Be persistent. If your insurance company still continues to drag its feet, be persistent. Continue contacting your insurance company every few days and record every attempt to communicate with them.
6)Don’t give up. Insurance companies may drag their feet in hopes that you settle for a lower payment. However, persistence can go a long way in ensuring you receive your proper payment.
7) Get a lawyer. In addition to providing valuable legal advice, an attorney can save you time and effort by continuing to contact your insurance company on your behalf.
If your insurance company is dragging its feet, contact ClaimCounsel to see if we can help get the benefits you deserve.
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California Department of Insurance. http://www.insurance.ca.gov/
Calisi, Anthony P. Injury Claim Coach. “How to Handle a Delay Receiving Your Personal Injury Settlement Check.” http://www.injuryclaimcoach.com/personal-injury-settlement-agreement.html
Free Advice Legal. “What To Do When You’re Insurer Delays Payment on Your Claim”. http://law.freeadvice.com/insurance_law/insurers_bad_faith/insursance-delay-payment.htm
Hastings, Richard P. HP.org Legal Resources. https://www.hg.org/article.asp?id=21585
Kissell, Chris. Insurance Quotes. “What Can You Do If Your Health Insurance Claim Is Delayed?” February 2014. http://www.insurancequotes.com/health/delayed-health-insurance-claim
United Policyholders. “Your Insurance Legal Rights As A Property Owner In California.” http://www.uphelp.org/sites/default/files/publications/LegalRights_CA.pdf