Auto total loss (first party): insured has 35 calendar days after receiving payment or final offer to notify insurer that no comparable vehicle can be bought for the settlement
35 days after date insured received the claim payment or final settlement offer, under Cal. Code Regs., tit. 10, 2695.8(c).
Rule text
every insurer shall provide notice to the insured at the time the settlement payment is sent or final settlement offer is made that if notified by the insured within thirty-five (35) calendar days after the insured receives the claim payment or final settlement offer that said insured cannot purchase a comparable automobile for the gross settlement amount, the insurer will reopen its claim file.
Calculate this deadline
Deadline
Friday, December 11, 2026
- Trigger (Date insured received the claim payment or final settlement offer): Friday, November 6, 2026.
- Exclude the trigger day and count 35 calendar days: Friday, December 11, 2026.
Rules applied
Cal. Code Regs., tit. 10, 2695.8(c)
every insurer shall provide notice to the insured at the time the settlement payment is sent or final settlement offer is made that if notified by the insured within thirty-five (35) calendar days after the insured receives the claim payment or final settlement offer that said insured cannot purchase a comparable automobile for the gross settlement amount, the insurer will reopen its claim file.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Text verified 2026-10-29 from the LII mirror of the OAL text (law.cornell.edu/regulations/california/10-CCR-2695.8); the official Westlaw CCR site cited as source_url did not load in this session. Regulatory duties of insurers; useful for bad-faith (Ins. Code 790.03(h)) claim chronologies. Insurer then must locate a comparable vehicle, pay the difference, or invoke appraisal (2695.8(c)(1)-(3)). Quote verified against the published 10 CCR 2695 text (independent review).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date insured received the claim payment or final settlement offer on Monday, March 15, 2027, personal service: due Monday, April 19, 2027.
- Trigger (Date insured received the claim payment or final settlement offer): Monday, March 15, 2027.
- Exclude the trigger day and count 35 calendar days: Monday, April 19, 2027.
Notes
Text verified 2026-10-29 from the LII mirror of the OAL text (law.cornell.edu/regulations/california/10-CCR-2695.8); the official Westlaw CCR site cited as source_url did not load in this session. Regulatory duties of insurers; useful for bad-faith (Ins. Code 790.03(h)) claim chronologies. Insurer then must locate a comparable vehicle, pay the difference, or invoke appraisal (2695.8(c)(1)-(3)). Quote verified against the published 10 CCR 2695 text (independent review).
Related deadlines
- Fire/standard-form property policy: sworn proof of loss due within 60 days after the loss (unless extended in writing by insurer) (60 days after)
- Fire policy: mortgagee proof of loss within 60 days after notice of insured's failure to render proof (60 days after)
- Fire/property claim: insurer must provide claim-related documents within 15 calendar days after insured's request (15 days after)
- Property claim after covered loss: insurer must provide complete policy copy within 30 calendar days after request (30 days after)
- Fire/property policy appraisal: each side must select an appraiser and notify the other within 20 days of the written appraisal request (20 days after)
- Fire/property policy appraisal: if the appraisers fail for 15 days to agree on an umpire, either side may ask a judge to select one (15 days after)
- Fire/property policy: insurer must give notice of election to repair, rebuild or replace within 30 days after receipt of proof of loss (30 days after)
- Fire/property policy: loss payable 60 days after proof of loss received and loss ascertained (agreement or appraisal award filed) (60 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.