Ask a Lawyer and Get Answers to Your Legal Questions
Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.
Unfortunately as this is a general information forum and not a law firm, I cannot advise you as to the precise nature of your civil claim.
However, I can give you some general information on how to deal with denials of insurance claims.
In general, there are two possibilities here:
1) file a complaint with the CA insurance commissioner: http://www.insurance.ca.gov/01-consumers/101-help/ - quick, easy, often effective, and does not require you to retain a lawyer (possible downside is that this is not a civil claim, you do not get any type of civil damages, and if you end up suing later this can impact some of the leverage that you have in negotiations - not your legal rights, just your negotiation leverage (this is an opinion held by some bad faith litigation practitioners, not necessarily universal)).
2) You can sue the insurance carrier for bad faith coverage (essentially a very specific form of breach of contract). I strongly recommend retaining counsel for this - your insurance carrier will definitely be represented by counsel in this action, and they are very well equipped to defend these matters. It is possible to prosecute a claim like this on your own, but you will need to be prepared to spend a lot of time studying and preparing for each motion and each pleading at the local law library - it is not something that you can simply fill a few forms out online.