What Your Insurer Owes You

Upon learning that you intend to file for coverage under your UIM policy, your insurer must do the following within 15 days:

  • Contact you and acknowledge receipt of your notice
  • Send you all the forms and instructions necessary to provide proof of your claim. Your insurer must provide "reasonable assistance" to you in preparation of your claim.
  • Begin investigating your claim
  • Disclose all benefits, coverage, time limits or other provisions that apply to the claim

Throughout The Claim Process

  • Your insurer must respond to all your communications, whether written or oral, within 15 days.
  • Your insurer must provide a complete response to all your communications, basing its reply on all the information it has available at the time.
  • Unless you are represented by counsel, your insurer must notify you of the expiration of the statute of limitations no less than 30 days prior to the expiration date.

After You Present Proof Of Your Claim

  • Within 40 days, your insurer must accept the claim, deny the claim or notify you in writing that it needs more time to decide.
  • If your insurer requests more time to make a decision on your claim, it must specify any additional information it needs to evaluate the claim and state any continuing reasons why it can't make a determination. In addition, your insurer must give you written notice every 30 days until a determination is made.
  • Your insurer must thoroughly, fairly and objectively investigate your claim.
  • Your insurer must not persist in seeking information not reasonably required for or material to the resolution of your claim.
  • Your insurer must not attempt to settle your claim by making an "unreasonably low" settlement offer.
  • Your insurer must make any rejection or denial, in whole or in part, in writing and state all the legal and factual bases for each aspect of the decision. All denials based on a specific statute, law, or policy provision must include specific references thereto and an explanation of why it applies in your situation.

Get The Compensation You Deserve From Your California Car Insurance Policy

If you need help understanding your car, truck or motorcycle insurance policy, contact a San Francisco uninsured motorist attorney at Walkup, Melodia, Kelly & Schoenberger to schedule a consultation.

To discuss your case with a member of our legal team, call us at 415-906-3764 or contact the Walkup firm online.