Yucaipa, CA asked in Civil Litigation and Insurance Bad Faith for California

Q: Insurance claim on my 2013 nissan altima that was stolen

i did a deposition on a stolen vehicle 55 days ago plus i had a attorney but the only thing that he does is set in on deposition's and i still have not heard anything and when i call all they will tell me is that they are waiting on there legal team to figure out what they are going to do and this happen on 03 /13/ 18 so what should i do about my claim and what kind of attorney should i look for on this claim thanks for your time

2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time

See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf

Which says in part:

"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements

(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age, race, gender, income, religion, language, sexual orientation, ancestry, national origin, or physical disability, or upon the territory of the property or person insured.

(b) Upon receiving proof of claim, every insurer, except as specified in subsection 2695.7(b)(4) below, shall immediately, but in no event more than forty (40) calendar days later, accept or deny the claim, in whole or in part. The amounts accepted or denied shall be clearly documented in the claim file unless the claim has been denied in its entirety.

(1) Where an insurer denies or rejects a first party claim, in whole or in part, it shall do so in writing and shall provide to the claimant a statement listing all bases for such rejection or denial and the factual and legal bases for each reason given for such rejection or denial which is then within the insurer's knowledge. Where an insurer's denial of a first party claim, in whole or in part, is based on a specific statute, applicable law or policy provision, condition or exclusion, the written denial shall include reference thereto and provide an explanation of the application of the statute, applicable law or provision, condition or exclusion to the claim. Every insurer that denies or rejects a third party claim, in whole or in part, or disputes liability or damages shall do so in writing.

(2) Subject to the provisions of subsection 2695.7(k), nothing contained in subsection 2695.7(b)(1) shall require an insurer to disclose any information that could reasonably be expected to alert a claimant to the fact that the subject claim is being investigated as a suspected fraudulent claim.

(3) Written notification pursuant to this subsection shall include a statement that, if the claimant believes all or part of the claim has been wrongfully denied or rejected, he or she may have the matter reviewed by the California Department of Insurance, and shall include the address and telephone number of the unit of the Department which reviews claims practices.

(4) The time frame in subsection 2695.7(b) shall not apply to claims arising from policies of disability insurance subject to Section 10123.13 of the California Insurance Code, disability income insurance subject to Section 10111.2 of the California Insurance Code or mortgage guaranty insurance subject to Section 12640.09(a) of the California Insurance Code, and shall not apply to automobile repair bills arising from policies of automobile collision and comprehensive insurance subject to Section 560 of the California Insurance Code. All other provisions of subsections 2695.7(b)(1), (2), and (3) are applicable."

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: You describe that your attorney sits in on depositions, but that is what many attorneys do. They observe their deponent answer questions. The attorney cannot answer them, although she or he could raise objections to questions deemed to be immaterial, irrelevant, or unreasonable. Car accident/property loss attorneys with experience in theft claims generally handle such matters.

Tim Akpinar

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