Can I Sue My Insurance Company for Denying My Claim in California?

California law allows homeowners to sue insurance companies for wrongful denial or delay. Jasmine Daya of Geraci LLP explains when and how you can take legal action.

Ask Jasmine Daya: Can I Sue My Insurance Company for Denying My Claim in California?

By Jasmine Daya, Esq. – Geraci LLP

Yes, in California, you can sue your insurance company if your property damage claim was wrongfully denied or delayed without cause. In fact, under California law, you may be entitled to additional damages beyond what your original claim was worth.

Let’s break it down.

When can I sue?

You may have a case if:

• Your insurer denied a valid claim with no proper reason

• The company delayed payment for an unreasonable period

• You were offered an unfairly low settlement

• Your adjuster misrepresented your coverage

• You were pressured to accept less than what you were owed

What are my legal options?

Depending on your case, you may be able to sue for:

• Breach of contract  - they didn’t honor your policy;

• Bad faith insurance practices - they acted unfairly, deceptively, or unreasonably; or

• Emotional distress or punitive damages - in egregious cases.

How long do I have to sue?

Typically:

• 4 years for breach of contract

• 2 years for bad faith

  However, your policy may shorten those deadlines, some require legal action within 12 months. If you’re unsure, speak with an attorney immediately.

Do I need a lawyer to sue?

Technically, no. But practically, yes. Insurance companies have entire legal departments focused on minimizing payouts. At Geraci LLP, we don’t just file lawsuits — we negotiate, litigate, and win. And you don’t pay unless we recover money for you.

Final Word from Jasmine

“Don’t let your insurer intimidate you. If your claim was wrongfully denied or delayed, you have legal power. We’ll help you use it.”

Schedule a Free Claim Review

Think your denial may be grounds for legal action? Contact Geraci LLP today and let’s review your case — free of charge.