How do I prove bad faith by my insurance company in California?
California bad faith is proven with the claim file. You need three pieces of evidence: (1) a chronological correspondence log showing every communication with the carrier, (2) a line-item comparison between the carrier's estimate and independent estimates, and (3) a citation map tying each delay, silence, and lowball to a specific §790.03(h) or 10 CCR §2695 violation. Attorneys build the legal theory; the documentary record is what makes the theory provable.
The three evidence buckets
Every California bad faith file we build has the same three sections. Together they turn a stack of letters into an exhibit-ready binder your attorney can walk into mediation with.
- Correspondence log — every call, email, voicemail, letter, and portal message with date, adjuster name, and content
- Estimate comparison — carrier's Xactimate vs. contractor bid vs. independent estimate, line by line, with dollar gaps and scope notes
- Citation map — each documented adjuster action tied to §790.03(h) subsection and 10 CCR §2695 rule number
Preserve everything
Photos with EXIF data intact, original PDFs of every denial and estimate, screenshots of the carrier's portal or app, contemporaneous notes of every phone call. Don't argue with the adjuster on the phone — respond in writing so the record builds itself.
Need the evidence organized?
We build the bad faith evidence file for California policyholders: correspondence log, line-item estimate comparison, §790.03 citation map, and an exhibit-ready binder. $95/hour, client-directed.
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Educational information only. Legal Document Assistants provide evidence services under California Business & Professions Code §6400 et seq.; we do not provide legal advice.