# What can I do if insurance denies my claim?

Canonical: https://californiapersonalinjurylaws.com/guides/insurance-denial/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## 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.

## Hypothetical example

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

## 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.

## 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.

## A useful next step

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

## Court decisions behind this answer

### Waller v. Truck Ins. Exchange, Inc. (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.

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

Source: https://law.justia.com/cases/california/supreme-court/4th/11/1.html

## Sources

- [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm)
- [California Courts — Civil lawsuits](https://selfhelp.courts.ca.gov/civil-lawsuit)
- [Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1](https://law.justia.com/cases/california/supreme-court/4th/11/1.html)

General information, not legal advice.