California Injury LawExplained.Talk to GJEL
Insurance Guide

What can I do if insurance denies my claim?

ATTORNEY REVIEWED

Reviewed by Andrew (Andy) R. Gillin

California State Bar #45226 ↗ · Approval recorded November 4, 2026

How we record review approval
THE SHORT ANSWER

Ask why the insurer said no. A dispute about policy coverage differs from a dispute about fault or the amount of a loss.

Sources: [1][2]
In this guide

Here’s an example

IMAGINE THIS

One insurer says the driver was not covered. Another agrees there was coverage but disputes who caused the crash.

A made-up example to explain the idea. Your facts may lead to a different answer.

How the rule works

First identify the issue in dispute. Missing records may call for more proof. A policy exclusion calls for a review of policy terms. Disputed fault calls for facts about the event.

Legal references: [1] California Department of Insurance — Automobile insurance guide · [2] California Courts — Civil lawsuits

What can change the answer?

A denial does not end every possible claim. It does not by itself prove the insurer broke the law. Time limits can keep running.

THE CASE LAW

Court decisions behind this answer

A case can help explain a rule. Its facts and limits matter too.

Waller v. Truck Ins. Exchange, Inc.

Supreme Court of California · 1995
11 Cal.4th 1, pp. 18–19

The court read the policy to decide if a loss might be covered. What the contract says matters.

What to keep in mind

This was a business policy. It does not show what your own car policy pays.

Case applicability reviewed as recorded above.

A useful next step

Get the reasons in writing. Save the policy and letters. Check the next steps promptly.

If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.

CHECK THE SOURCE

The law behind this guide

The references below support the legal discussion. Their application depends on the facts.

  1. California Department of Insurance — Automobile insurance guide ↗Agency guidance · Review recorded above
  2. California Courts — Civil lawsuits ↗Court guidance · Review recorded above
  3. Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1 ↗Case law · Review recorded above

Updated 2026-11-04. Read our editorial standards.

This is general information, not legal advice. It does not decide whether you have a claim. Important exceptions and deadlines may apply.
WHEN YOU NEED A PERSON, NOT ANOTHER PAGE

Your situation deserves
a closer look.

A guide can explain a rule. A lawyer can help you understand how it may apply to you.

Ask GJEL about your situation