We have been going back and forth with the Farmers adjuster in CA about the cost of repairs and cost of storage of our items for the duration of the house repairs. We have been going back and forth over the actual cost of repairs for over 1 year. Recently, a new adjuster was assigned and he argued that the claim was filed over a year ago and that due that, Farmers doesn’t owe anymore supplements for repairs or the subsquent storage costs for our contents (even though it sounded like he agreed that they should pay more). What should we do?
joel atir asked 1 month ago 1 Answers
If you haven’t already, document all conversations with the new adjuster in writing (dates, names, what was discussed) and request a written explanation of why Farmers believes that the one-year limitation applies when they’ve been actively negotiating the claim. You can also request a copy of your entire claim file and all settlement documents from Farmers.
In California, insurance companies cannot use the one-year limitation if they’ve been actively negotiating or handling the claim; this time limit is typically "tolled" (paused) during active claims negotiations. If Farmers was engaging in negotiations during this time, they likely cannot enforce the one-year limitation.
Keep any receipts you incur for additional storage costs and if needed, seek professional help and/or file a complaint with the Department of Insurance. Check out https://uphelp.org/claim-guidance-publications/a-guide-to-your-insurance-legal-rights-in-california/ for information on insurers obligations during the claims process. You can also find professionals in your area at https://uphelp. org/sponsor-location/california/
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