How Long Does It Take an Insurance Company to Respond to an Accident Claim in California? (2024)

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How Long Does It Take an Insurance Company to Respond to an Accident Claim in California? (1)At Maison Law, our attorneys represent those injured in life-altering accidents throughout California. We understand that many accidents are more than just fender-benders and those that lead to minor damages. Many turn lives upside-down and leave victims with questions that we can answer. Please do not hesitate to contact us today for more information on your claim, as well as a free legal consultation.

Timeline on Insurance Claims in California

In California, an insurance company has 85 days to completely settle a claim after it has been filed. However, up until those 85 days, there are some ways that an insurer has to communicate with the injured victim and their attorney. Here are some specific time frames that they must meet along the way:

  • 15 days to acknowledge that they received the claim, as well as send over instructions to the policyholder concerning what to do next
  • 40 days to make a decision concerning the claim after the policyholder filled out all necessary forms
  • 30 days to make a final payment to the policyholder

As a policyholder, the victim of a California accident has the right to receive an efficient settlement. This means that the insurance company must meet all deadlines or else the policyholder has the right to make a claim against the company in a “bad faith” lawsuit.

If You Choose to File a Personal Injury Lawsuit Instead

Though the insurance company has a total of 85 days to settle a claim, it is different if you decide to move forward with a personal injury lawsuit. Unfortunately, a lawsuit is typically a much longer process than an insurance claim.

From start to finish, proceedings could last from weeks to months. This can depend on many factors, from how complex the details of the accident are to the defendant’s willingness to accept that they are responsible for the accident. Speaking with your attorney is the best way to receive an estimate of just how long you could be looking at if you decide to move forward with a claim based on these circ*mstances.

Timeline of a California Personal Injury Lawsuit

If you do make the decision to move forward with a personal injury lawsuit after a California accident instead of going directly through an insurance claim, you should be aware of the complete personal injury timeline. Here are some of the phases that you could endure throughout the process:

  • The immediate aftermath, including medical attention that you receive
  • Finding a knowledgeable attorney to handle your claim
  • Launching an investigation and collecting evidence related to your case
  • Attorney filing a claim with the insurance provider of the at-fault party to proceed with a claim
  • Discovery process where evidence is gathered and facts are disputed
  • Negotiation or mediation to possibly avoid trial with a settlement
  • Going to trial and waiting for the scheduled trial to occur
  • Receiving the verdict of what you are owed in compensation
  • Collecting the compensation that is owed to you

As you can see, there are many ways that a personal injury claim can be delayed. However, it may be in your best interests to move forward with a personal injury lawsuit if you believe that an insurance claim will not cover all of your damages in the present and future. Speaking with your attorney can help you answer any questions that you have during these difficult and complex times.

Contact a California Personal Injury Lawyer Today

At Maison Law, our California personal injury lawyers understand how overwhelming it can be to face the aftermath of an accident on your own. We will provide you and your family with the resources that you need to successfully move forward with a claim against a responsible party. You should never have to face the aftermath of an accident alone. Please contact us today for a confidential and no-obligation case review.

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How Long Does It Take an Insurance Company to Respond to an Accident Claim in California? (2024)

FAQs

How Long Does It Take an Insurance Company to Respond to an Accident Claim in California? ›

A claim representative should contact you within a reasonable period of time after you report the loss. However under certain circ*mstances, the insurance company can take up to 15 days to contact you. If you do not hear from anyone, call your agent or insurance company for assistance.

How long does an insurance company have to respond to a claim in California? ›

In California, an insurance company has 85 days to completely settle a claim after it has been filed. However, up until those 85 days, there are some ways that an insurer has to communicate with the injured victim and their attorney.

How long does it take to settle a car accident claim in California? ›

Understandably, injured auto accident victims want to know, How long does it take to settle a car accident in California? In general, car accident claims can take anywhere from three months to three years to settle with the negligent driver's insurance.

How long does an insurance company send an answer for a claim? ›

Generally, the insurance company has about 30 days to investigate your claim. Pro tip: Your state's statutes of limitations will also determine how much time you have to file and settle a claim. The statute of limitations for insurance claims varies by state, as well as by claim type.

How long does it take to investigate a car insurance claim in California? ›

After the insurance company receives your completed proof of claim forms and all the required supporting documents, it must decide on your claim within 40 days.

How long does it take to hear back from Covered California? ›

You'll also upload required documents, electronically sign the application and make your online payment. The entire process usually takes less than 20 minutes, and you can expect to hear back from Covered California within 24 hours.

How long is too long to wait for an insurance claim? ›

Most policies do not provide a strict deadline or window of time (30 days, 60 days, etc.). Instead, you are usually required to make your claim "promptly" or "within a reasonable time." Some states (especially those that follow a no-fault car insurance system) have passed laws that specifically address this issue.

How much is the average accident settlement in California? ›

A: In California, the average car accident settlement amount is anywhere between $20,000 – $30,000, depending on the overall severity of the injuries sustained and any associated property damages, lost wages, etc. This is for more moderate cases in terms of their severity.

How long can a car accident claim stay open in California? ›

Generally, the statute of limitations for car accidents in California is two years. The only way to know for sure the best course of action for your particular case is to consult with an experienced personal injury lawyer. The Drexler Law Firm can evaluate your case and advise you when to file.

How long does a compensation claim take to settle? ›

The length of time a case takes to settle a personal injury claim can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high-value cases can take longer to settle.

Why do insurance companies take so long to respond? ›

Investigating Submitted Claims

Investigating an accident can take considerable time. Insurance companies often have to do their own investigating when it comes to determining liability. This includes collecting information about a submitted claim, reviewing evidence, and other tasks.

How long does it take for insurance to make a decision? ›

Typically, insurance companies have 15 days to acknowledge receipt of the claim you submit. That does not mean they have to decide within that time frame. They then have 15 days to investigate the claim. They have 40 days to settle the claim from start to finish.

When an insurance company doesn't respond to a claim? ›

Insurers Do Not Need to Respond to Demand Letters

However, your attorney will be ready to take action against the company if they refuse to give your claim the attention it deserves. This might be by filing a civil lawsuit against the company if they continue to handle your claim in bad faith.

How long do most car accident settlements take? ›

Complexity of case
Complexity of caseLength of Time to Settle
SimpleApproximately: 1 – 6 months
ModerateApproximately: 6 – 12 months
HighApproximately: 12 – 24 months+
Dec 7, 2023

What triggers an insurance investigation? ›

Inconsistencies and delayed claims can trigger alarm bells, leading the insurance company to closely scrutinize the legitimacy of your case.

Do insurance companies have a time limit? ›

Generally, insurance companies are required to pay a claim within a reasonable amount of time. Unfortunately, there is no exact definition of what constitutes a reasonable period of time. As you may have guessed, your idea of what's reasonable and the insurance company's idea could be very different.

How long does a provider have to submit a claim to insurance California? ›

(a) Deadlines shall not be imposed for the receipt of a claim from a professional provider who submits a claim on behalf of an insured or pursuant to a professional provider's contract with a health insurer that is less than 90 days for contracted providers and 180 days for noncontracted providers after the date of ...

How long can an insurance company contest a claim? ›

Under California law (California Insurance Code section 10113.5), all life insurance policies delivered or issued in California must contain a provision that states the contestability period is no more than two years.

What is the statute of limitations on insurance claims in California? ›

While two years is the general time limit to file car accident claims in California, some exceptions can shorten or extend the amount of time you must take legal action.

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