After an accident in California, you may rely on an insurance claim to help cover medical bills, lost income, and other losses. How long the process takes depends on factors such as the complexity of the accident, the severity of your injuries, and whether the insurer disputes fault.
California also has rules governing how insurers handle claims. Understanding these timelines with the help of a personal injury attorney can help you know what to expect and recognize when a delay may be a concern.
How Long Does an Insurance Company Have to Respond to a Claim in California?
California insurance regulations establish deadlines for handling claims. In general, an insurer must acknowledge receiving a claim within 15 calendar days. After receiving proof of claim, the insurer generally has 40 calendar days to accept or deny the claim, in whole or in part.
If more time is needed, the insurer generally must provide written notice explaining why and continue providing updates. These rules do not mean every claim must be fully resolved within 40 days. They instead establish deadlines for certain parts of the claims process.
What Happens During an Insurance Claim?
Before deciding what to pay, an insurer will typically investigate the accident and resulting losses.
The investigation may include:
- Reviewing accident reports
- Speaking with drivers and witnesses
- Examining photographs or video
- Reviewing medical records and bills
- Evaluating property damage
- Determining who caused the accident
- Calculating covered losses
After reviewing the available information, the insurer may accept the claim, deny it, or make a settlement offer. You are not required to accept an offer simply because the insurer makes one.
What Can Make an Insurance Claim Take Longer?
Some claims take longer because more evidence is needed to determine fault or calculate damages. Serious injuries can also extend the process because it may take time to understand the full extent of your medical needs.
Other factors that may cause delays include disputed fault, multiple parties, questions about insurance coverage, missing records, and disagreements over the value of a claim.
Settling too early can create problems. If your medical condition is still developing, you may not yet know whether you will need future treatment or experience lasting effects from your injuries.
How Long Does It Take to Receive Payment After a Settlement?
After an insurer accepts a claim and the parties agree on the amount, California insurance regulations generally require the insurer to tender payment within 30 calendar days, or within the time specified in the policy if it is shorter.
Additional issues may also need to be resolved before you receive your portion of the settlement. For example, medical liens, case expenses, or outstanding medical bills may need to be addressed.
A personal injury attorney can explain what remains to be completed after settlement and how those steps could affect when you receive your money.
Can a Lawyer Help With My Insurance Claim?
A personal injury attorney can handle communications with the insurer, gather evidence, document your damages, and negotiate for a settlement.
If the insurance company disputes your claim or refuses to offer reasonable compensation, your lawyer can also determine whether filing a lawsuit is appropriate.
Hiring an attorney does not guarantee a faster settlement. However, legal representation can help keep your claim organized and protect your rights while you focus on recovering from your injuries.
Contact the California Personal Injury Attorneys at Mercado Kramer, LLP for Help Today
The time needed to resolve an insurance claim depends on the accident, your injuries, and how the insurer handles the case. California provides claims-handling deadlines, but some injury claims may still take longer to resolve.
For more information, please contact our experienced California personal injury attorneys at Mercado Kramer, LLP, for a free consultation. We have offices in Salinas and San Jose, CA, and we serve throughout Monterey County.
Mercado Kramer, LLP.
450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311 4050
