An auto insurance claim is a formal request for compensation after a car accident, property damage, or injury. In California, particularly in urban areas like San Diego, these claims often take longer than expected, leaving victims frustrated and financially strained. While the law mandates timely processing, the reality is that delays are common due to multiple legal, medical, and administrative factors.
If you’re wondering why your insurance claim is taking so long, you’re not alone. This guide explores the common causes of delay, what California law requires from insurers, and how you can speed up the process especially with help from a San Diego personal injury lawyer.
What Is the Typical Auto Insurance Claim Timeline?
How long should a claim take in California?
Insurance companies in California are generally expected to resolve claims within 30 to 40 days. According to California Insurance Code §2695.7, insurers must acknowledge receipt of a claim within 15 days and accept or deny it within 40 days of receiving all required documentation.
However, claims involving personal injury, disputed fault, or uninsured motorists can take significantly longer.
Why Do Insurance Claims Take So Long in San Diego?
Is high traffic volume a factor?
Yes. San Diego is one of the most congested metro areas in California, especially around the I-5 and I-805 corridors. Higher accident frequency means insurance companies process more claims, increasing backlog and processing times.
What if the other driver is uninsured or underinsured?
Underinsured or uninsured drivers complicate the process. These cases often require filing a separate uninsured motorist (UM) or underinsured motorist (UIM) claim, which adds time and paperwork. Verifying lack of insurance and determining available coverage slows down resolution.
Can medical treatment delays affect the process?
Yes. When injuries are involved, claims adjusters may wait until treatment concludes or a medical prognosis is clear. This ensures a full accounting of expenses and long-term impact, especially in cases involving pain and suffering or disability.
Does fault investigation slow things down?
Yes. Disputes over liability are one of the leading causes of delay. If police reports are unclear or conflicting witness statements exist, insurance adjusters must conduct extended investigations, which can take weeks or months.
Are insurers intentionally delaying claims?
Sometimes. Some insurance companies use delay tactics to reduce their payout obligations. These can include repetitive documentation requests, lack of communication, or lowball settlement offers aimed at pressuring claimants to settle early.
What California Law Says About Claim Delays
Are there legal deadlines for insurers?
Yes. Under California’s Fair Claims Settlement Practices Regulations:
- 15 days to acknowledge and begin investigation
- 40 days to approve or deny the claim after receiving proof
- 30-day updates are required if more time is needed
Violating these rules may constitute bad faith and open the insurer to legal liability.
What if the insurer violates these rules?
You can file a complaint with the California Department of Insurance. Claimants may also seek legal action for bad-faith insurance practices. Visit insurance.ca.gov to report insurer misconduct.
How to Speed Up Your Auto Insurance Claim in San Diego
What steps can you take as a claimant?
Being proactive can significantly reduce delays. Here’s what to do:
- Report the accident immediately to both the police and your insurer
- Document everything: photos, witness names, medical records
- Respond promptly to all insurer requests
- Keep a record of every interaction with the claims adjuster
- Consult an attorney if delays become unreasonable
These steps help you protect your rights and provide the documentation needed to move your claim forward.
When Should You Contact a San Diego Personal Injury Lawyer?
Do you need a lawyer if the claim is delayed?
Yes, especially if the delay is unreasonable or your claim is denied. A personal injury attorney can expedite the process, file appeals, or even pursue litigation if necessary.
At Mova Law Group, our team has helped countless clients in San Diego resolve insurance delays, especially after complex accidents involving uninsured motorists or severe injuries. Our car accident lawyers can help you determine your next step.
Common Questions
Why hasn’t the insurance company returned my calls?
They may be understaffed or stalling. If your adjuster goes silent, keep written records and escalate your case through a supervisor or attorney.
Can I switch adjusters if mine is unresponsive?
Yes, but only with company approval. You can request a reassignment, especially if communication has broken down.
Does having a lawyer slow down or speed up the process?
Usually speeds it up. Lawyers bring urgency and legal leverage, often leading to faster settlements and better outcomes.
Key Takeaways
- Insurance claims in California typically take 30 to 40 days, but personal injury cases often exceed this due to added complexities
- Common delays in San Diego include high traffic volume, uninsured motorists, disputed fault, ongoing medical treatment, and insurer stalling tactics
- California law requires insurers to meet strict deadlines: 15 days to respond, 40 days to decide, and ongoing 30-day updates if still under review
- Filing a complaint with the California Department of Insurance is an option if your insurer violates regulations or acts in bad faith
- You can speed up your claim by reporting promptly, gathering thorough documentation, following up regularly, and consulting a personal injury lawyer when delays occur
- Hiring an attorney typically leads to faster, more complete resolutions by applying legal pressure and protecting your right.
What to Do Next: Don’t Let Delays Derail Your Case
Auto insurance delays can put your recovery on hold and leave you without the compensation you deserve. Knowing your rights under California law is the first step. Taking action is the next.
If you’re experiencing a delayed insurance claim in San Diego, the legal team at Mova Law Group can help. From handling negotiations to filing bad-faith lawsuits, our personal injury lawyers in San Diego, ensure that you aren’t left waiting for what you’re owed.
Schedule a free consultation today to protect your rights and get your claim moving again.
Resources:
- California Insurance Code §2695.7: https://www.insurance.ca.gov/
- Insurance Research Council: https://www.insurance-research.org/
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