Your Rights Under the Fair Claims
Settlement Practices Regulations
In general, insurance companies are required to do
the following:
• Advise you of all benefits, coverage, time limits or other
provisions of your insurance policy.
• Acknowledge claim, start investigation, provide forms
and instructions, and provide reasonable assistance
immediately but in no event later than 15 days after
receiving notice of claim. (Notice of claim is any written
or oral communication to the insurance company which
reasonably apprises the insurer that you wish to make
a claim.)
• Respond to communications received from you
immediately but in no event later than 15 days.
• Accept or deny the claim immediately but in no event
later than 40 days after receiving proof of claim. (Proof
of claim is documentation in your possession which
provides any evidence of the claim and supports the
magnitude or the amount of the loss such as estimates
of repair or police report indicating theft of your
vehicle, et cetera.)
• Unless the insurer has provided you with the name
of a specific towing company prior to your using a towing
facility, the insurer must pay reasonable towing expenses.
So you’ve had an automobile accident. What’s next? 11
• Offer a fair settlement. If you suffered a total loss,
settlement must include taxes, license and transfer fees.
The settlement must reflect the value of a comparable
vehicle of like kind and quality. If you retain the salvage,
deductions from the settlement for salvage must be fair,
measurable, and discernable.
• Once the claim has been accepted, the insurer must pay
the claim immediately, but in no event later than 30 days
from the date settlement was reached.
• Advise you whether or not they will pursue subrogation.
If the insurance company pursues subrogation, they must
include your deductible unless you have already recovered
your deductible.
The above represents a paraphrased brief overview of some
of the Fair Claims Settlement Practices Regulations effective
5/10/97. You may view a complete copy of the Regulations
by visiting the CDI website located at
www.insurance.ca.gov.