What happens if my insurance claim is denied?
In California, if your insurance claim is denied, you have the right to dispute the decision. Depending on the type of insurance, you can either contact the California Department of Insurance to make a complaint or have your attorney file a civil lawsuit in court. If you decide to contact the Department of Insurance, they will review the denial decision made by your insurance company and may be able to get your claim approved. This is a free service and can be done online, by telephone, or by mail. If your dispute is not resolved in your favor, then you may consider filing a civil lawsuit. When filing a civil lawsuit, you will need to provide proof that the insurance company made a mistake or acted unfairly when denying your claim. You will also need to provide evidence of all losses, damages, and/or injuries that occurred as a result of the denial. If the court finds in your favor, the insurance company must pay the amount of the claim plus additional damages and court costs. Additionally, the court may also award the plaintiff (person that filed the lawsuit) with punitive damages if the insurance company was found to have acted in bad faith. In summary, if your insurance claim is denied in California, you have the right to dispute the decision. You can contact the California Department of Insurance or pursue legal action in court. If the court finds in your favor, the insurance company must pay the amount of the claim in addition to other damages.
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