Insurer not responding or delaying? What the rules require

Where the rules come from

The National Association of Insurance Commissioners (NAIC) publishes model laws that states can adopt. Its Unfair Claims Settlement Practices Act (Model 900) lists practices that count as unfair, including failing “to acknowledge with reasonable promptness pertinent communications with respect to claims,” failing to affirm or deny coverage “within a reasonable time” after the investigation, and failing to promptly give “a reasonable and accurate explanation of the basis” for a denial or a compromise offer. Under the model, a violation must be committed flagrantly and in conscious disregard of the act, or often enough to indicate a general business practice.

The companion Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902) puts numbers on some of this. It calls for an insurer to acknowledge a claim within 15 days, to reply within 15 days to other communications that reasonably suggest a response is expected, and to tell a first-party claimant whether the claim is accepted or denied within 21 days after receiving proofs of loss. States adopt their own versions, and the deadlines differ. In 1988 the California Supreme Court noted that the NAIC model on which California’s law was based had been adopted by 48 states.

Deadlines in three states

These are quoted or closely summarised from the regulation or statute text as it read in October 2026. Each has exceptions that are not listed here.

Florida’s claim-acknowledgment statute, §627.70131, is often quoted online. It defines “insurer” as a residential property insurer, so it does not set deadlines for car claims.

Who enforces these rules

Mostly the regulator. Model 900 says it does not “create or imply a private cause of action,” and in Moradi-Shalal v. Fireman’s Fund (1988) the California Supreme Court held that the legislature had not created a private cause of action for violations of California’s unfair practices statute. A missed deadline is therefore usually something to report to your state insurance department. Some states have added their own remedies. Texas lets a policyholder recover interest and reasonable attorney’s fees when an insurer liable for a claim does not comply with Subchapter B (§542.060). Washington lets a first-party claimant sue over violations of the two WAC rules above, among others (RCW 48.30.015). What counts as insurance bad faith covers who can use those remedies.

What to put in writing

Calls are hard to prove later. If the adjuster has gone quiet, send a short, dated follow-up letter or email that includes:

• The claim number, your name and the vehicle
• The date you sent your demand and a list of what was attached
• The date of each earlier follow-up, and any reply you received
• A request for a decision, or for the reason in writing if the claim is denied or reduced
• A request that, if more time is needed, the insurer say why and what it is waiting for
• A request for the name and contact details of the adjuster’s supervisor

Use a delivery method that records the date, keep copies of everything, and note the date, time and name for every call. Stick to facts and dates. A record like this is what a regulator, or an attorney, will ask to see.

A complaint to the regulator

If letters do not produce a reply, a complaint to your state insurance department is the usual next step. The department contacts the insurer and asks for a response; Washington’s rule, for example, gives the insurer 10 business days to answer the commissioner’s inquiry. How to file an auto insurance complaint explains the process and what a department can and cannot do, and state insurance departments lists where to file.

Watch your filing deadline

Your state’s deadline for filing a lawsuit is set by state law, and the insurer’s timetable does not set it. Model 902 calls for an insurer to give written notice of a time limit to an unrepresented claimant before it expires, at least 60 days ahead for a third-party claimant, but not every state has adopted that rule. Check the deadline yourself on property damage deadlines by state, and talk to an attorney well before it arrives.

Rules vary by state

Each state writes its own rules, with its own exceptions, and they change: Washington’s were amended in October 2026. This page is general information, not legal advice. For the claim itself, a diminished value appraisal documents the loss in value, and why insurers deny or reduce diminished value claims covers the reasons adjusters give. Autoloss is not a law firm or a public adjuster and does not negotiate with insurers. We answer the insurer’s questions about how our report was prepared; you, or your attorney, handle the claim.