Facts You Should Know About Your Fire Loss Insurance Claim
- California law requires insurance companies to assist you, the policyholder, in determining the amount the insurer owes you. Insurance companies are required to disclose to you all benefits, coverages, time limits or other provisions of your insurance policy that may apply to your claim.
- California law requires every insurance company, upon receiving notice of claim, acknowledge receipt of such notice, provide you with necessary forms and assistance for proof of claim, and begin any necessary investigation within 15 days.
- It is illegal for any insurer to discriminate in its claims settlement practices based on your race, gender, income, religion, language, sexual orientation, ancestry, national origin, physical disability, or upon the territory of the property or person insured.
- California law provides that upon receipt of proof of claim every insurer shall accept or deny the claim or give written notice regarding additional information that is needed.
- California law requires that upon acceptance of a claim and, when necessary, a properly executed release, the insurer shall tender payment of the undisputed amount within 30 calendar days.
- California law prohibits an insurer from delaying or denying the settlement of a claim with its policyholder on the basis that the responsibility for payment should be assumed by someone else.
- Insurance companies are prohibited from requiring you to use non-original equipment in the repairs of your vehicle, unless the parts are equal to the original equipment with respect to kind, quality, safety, fit and performance, and the insurance company warrants the same.
- If non-original equipment is used in the repairs of your vehicle, such parts must carry permanent, non-removable identification so as to identify the manufacturer.
- When paying for the repairs or replacement of your automobile, insurance companies are required to justify any deductions for betterment, depreciation or salvage. All adjustments must be discernable, measurable, itemized and specified as to dollar amount.
- If your homeowners policy provides for replacement costs, any consequential physical damage incurred in making the repair or replacement, not otherwise excluded by your policy, must be included and the insurer must replace all items in the damaged area so as to conform to a reasonably uniform appearance.
- A fire insurance claim may include not only a home that has been destroyed, but also, its contents, and automobiles and business property. Southern California's largest insurers - State Farm, Farmers and Allstate - should be able to endure losses without their overall financial strength being affected. However, smaller insurers focused in Southern California could be driven out of business. Luckily, California law provides some protection for homeowners when their insurance company does not have enough assets to pay all of the claims caused by a large-scale disaster.
- Standard policies call for rebuilding structures the same as they existed at the time of destruction. Upgrades required by changes in building codes can add thousands of dollars to replacement costs. Thus, it probably will cost far more to rebuild or replace a destroyed home, than it originally cost to build the home.
- Home prices have been rising at a double-digit annual clip in Southern California. But insurance companies often claim that the location of the lot, not the value of the structure, is the primary determinant of the home's market value.
- If you insure with an independent insurance agent or broker, and you can't find your insurance policy, your agent or broker will have a copy of your policy and should help you file a claim. If you don't know where to find your property deed, don't waste time on it, or on other such documents that are public records. Having key financial records can make it easier when dealing with your bank or credit card companies, but most financial records can be replaced. Make a list of security access codes, computer logins and passwords for Internet sites if you pay bills online.
Please feel free to give us a call at 1-800-306-6010 or contact us online.