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Your First Claim in California, Document by Document

Quick answerExpect to be asked for your policy number, the date, time and place, the other driver's information, photos, and a police report number if there is one. California's claim rules require the insurer to acknowledge your claim within 15 calendar days and tell you what it needs, and to accept or deny it within 40 days after it receives proof of the claim.

People who are new to insurance in this country often wait to report a claim until they have every paper in order. That is backward. Report it, get a claim number, and then build the folder while the adjuster tells you what is missing. The rules are written to make the company tell you.

Before you call: the folder

What you'll be asked for, by type of claim

ClaimWhat adjusters usually ask for
Damage to your car in a collisionPhotos, the other driver's information, a repair estimate, and where the car is now
Damage you caused to someone elseYour account of what happened, the other party's contact details, and photos
TheftThe police report, all the keys you have, and loan or title information
InjuryWho was in each car, where they were treated, and medical bills as they arrive
Total lossThe title or the lender's details, the keys, the registration, and a loan payoff letter

The deadlines the rules put on the insurer

California's Fair Claims Settlement Practices Regulations set clocks that run against the company, not you:

  1. 15 calendar days after notice of a claim to acknowledge it, give you the forms and instructions you need — including what information you must provide — and begin investigating (title 10, section 2695.5(e)).
  2. 15 calendar days to respond to any communication from you that reasonably asks for a response (section 2695.5(b)).
  3. 40 calendar days after proof of claim to accept or deny it, in whole or in part. A denial of your own claim must be in writing, with the reasons (section 2695.7(b)).
  4. 30 calendar days after accepting the claim to pay it (section 2695.7(h)).

The company also cannot insist that you report the claim in writing unless your policy says so (section 2695.5(f)).

If you are asked for a Social Security number

What varies by insurance company: some claim forms include a field for one. Ask the adjuster whether it is required for this claim, why, and what they accept if you do not have one. The regulations say an insurer "shall not persist in seeking information not reasonably required for or material to the resolution of a claim dispute" (section 2695.7(d)), and they bar discrimination in claim handling based on language or national origin (section 2695.7(a)).

Language, and keeping a record

If you are more comfortable in Spanish or another language, ask whether the company has an adjuster or interpreter who speaks it; that varies by company. Whatever language the call is in, follow up in writing: a short email repeating what you were told and what you sent gives you dates you can point to later.

What not to do

If a claim has shown you that your current coverage was thinner than you thought, get a quote here and we will show you what each line would have paid.

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More of what callers ask

Do I have to report my claim in writing?

Not unless your policy requires written notice. The claim regulations say an insurer may not require written notice of claim unless the policy or an endorsement specifies it.

How long does the company have to decide my claim?

Forty calendar days after it receives proof of the claim. If it needs more time, it must tell you in writing and give an estimate of when it will decide.

Can they treat my claim differently because I speak Spanish?

No. The regulations prohibit discrimination in claim settlement based on language or national origin, among other things.

Is my SR 1 the same as my insurance claim?

No. The SR 1 goes to the DMV within 10 days when the law requires it, and your claim goes to your insurer. You may need to do both.