What is the step-by-step process for filing a formal complaint against an auto insurance company with the California Department of Insurance?
To file a formal complaint, you must gather your claim documents and submit a Request for Assistance form to the California Department of Insurance (CDI). The CDI will then investigate to ensure the insurance company is complying with state laws and regulations.
Here is the step-by-step process:
Step 1: Gather All Relevant Documents
Collect all paperwork related to your claim. This includes your insurance policy declaration page, claim number, photos of the damage, repair estimates, the police report, and all correspondence (emails, letters) between you and the insurance company. Also, keep a log of phone calls, including dates, times, and the names of the representatives you spoke with.
Step 2: Complete the Request for Assistance (RFA) Form
The fastest method is to file online at the CDI website (www.insurance.ca.gov). You can also download a form to submit by mail or fax. Be prepared to provide your personal information, the full name of the insurance company, your policy number, and your claim number.
Step 3: Write a Clear Summary of Your Complaint
On the form, you must describe the problem clearly and concisely. Explain the events in chronological order. State exactly what you believe the insurer did wrong, such as improperly denying a claim, offering an unfairly low settlement, or causing unreasonable delays, which may violate California's Unfair Claims Settlement Practices regulations. State what you believe is a fair resolution.
Step 4: Submit Your Complaint and Documents
Submit the completed RFA form and attach copies (never originals) of your supporting documents. If you file online, you will receive an immediate confirmation and a CDI file number. The CDI will assign your case to a compliance officer who will contact the insurance company on your behalf, typically within 10-21 days.
Important Details:
The CDI's service is free. Their role is to investigate whether the insurance company has acted in compliance with the California Insurance Code. They can mediate disputes and compel insurers to follow the law, but they cannot force a company to pay a disputed claim or give you legal advice. Your complaint also helps the CDI track patterns of misconduct by insurers.
Warnings and Limitations:
Filing a complaint with the CDI does NOT pause the statute of limitations for filing a lawsuit against the insurance company. For example, you generally have two years from the date of an auto accident to file a personal injury lawsuit. Waiting for the CDI's process to conclude could cause you to miss this critical legal deadline.
This is general information and does not constitute legal advice. For complex situations, significant financial damages, or if you believe your insurer is acting in bad faith, you should consult with a qualified California attorney to understand your full legal rights and options.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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