How to Sue Your Home Insurance Provider in California: A Step-by-Step Guide for 2025 Wildfire and Storm Victims
If your home has been damaged in a wildfire or storm, and the insurance company will not pay your claim in full, you can take legal action against the insurance company. You can sue them for breach of contract and possibly even for bad faith if they have broken California law. The Inland Empire insurance claims attorneys at Quincey Law can help.
You can take the fight to the insurance company by scheduling a free initial consultation with Quincey Law as the potential first step towards filing a lawsuit. Our insurance claims attorneys can help you take control when it seems like you are dealing with an insurance company that holds all the cards.
Insurance Companies Have Been Denying Wildfire and Storm Claims at a High Rate
Initial reports have shown that insurance companies have given policyholders more than their share of difficulties in paying claims after the Los Angeles wildfires. Prior to the massive wildfires, companies like Farmers Insurance and Allstate were known to have denial rates approaching 50%. Insurance companies are not much better when policyholders file claims for storm damage. Many of them deny claims because they argue that the specific damage is excluded by the policy. Not only may you be able to sue the insurance company to force them to pay the claim, but you may also potentially receive damages from them.
Know Your Legal Rights
The first step in taking action against an insurance company is knowing that you have the legal right to do so. When you have purchased an insurance policy, it functions as a legally binding agreement between you and the insurance company. You have followed the agreement by paying your premiums, and they need to uphold their end by paying your claim.
You should review your policy closely and understand the reason why your claim was denied. An experienced Insurance claim attorney can give you their opinion about whether your claim should be covered.
Contact an Insurance Claims Denial Attorney
You may consider hiring an insurance claims attorney to deal with the insurance company at the outset of the process. If you have filed a claim, and the insurance company either denies it entirely, or they will not pay you the true amount of your damages, you may need an insurance claims attorney on your side. The insurance company may not take you seriously unless they see that you have the help of an experienced attorney who can hold them accountable.
Negotiate with the Insurance Company
Before you file a lawsuit, your insurance claims denial lawyer may seek to negotiate with the company. You may be able to present your claim with more persuasiveness with the help of an attorney. Your insurance claims lawyer may be able to negotiate a settlement before you have to file a lawsuit.
File a Lawsuit Against the Insurance Company
You can sue the insurance company for breach of contract if they fail to cover a claim that they should have under the terms of your policy. The first part of your lawsuit could seek to force the insurance company to fully pay you.
Further, you may be able to sue the insurance company directly for the damages you have suffered due to their wrongful conduct. California has strict laws that govern insurance companies and make it illegal for them to employ certain tactics that could rise to the level of bad faith.
Build Your Case During the Lawsuit Process
When you file a lawsuit against the insurance company, you have the ability to learn more about what happened during the discovery phase of your lawsuit. Especially when you are alleging bad faith, your insurance claims attorney may be able to speak with the defendant’s witnesses to learn more about how they handled your claim. If you are able to build a strong case in the discovery process, it could push the insurance company into settlement because they do not want to run the risk of going up against a jury of your peers.
If you take your case all the way to trial, the jury would reach a decision about whether the insurance company needs to pay your claim and whether they may owe you potential bad damages for bad faith.
Contact an Inland Empire Insurance Claims Attorney Today
Schedule a free initial consultation with an Inland Empire insurance claims attorney at Quincey Law to learn more about whether you can take action against the insurance company. You can speak with an insurance claims lawyer by filling out an online contact form or by calling us today at (866) 945-9175.
Nicholas Quincey is the founder of Quincey Law, and has over a decade of experience of handling insurance claims denials and personal injury matters for people throughout California. We have pursued insurance bad faith claims for people involving life insurance, health insurance, homeowners and disability insurance. We also work with clients and families who need assistance filing and pursuing a personal injury matter. Learn more here.