By Serdar Arslan, editor · Last reviewed · 8 min read · How we research
If a car insurance company stops responding, put a dated request for a written status in front of it, then escalate in order: a supervisor, a written demand that cites your state's claims-handling rule, a complaint to your state's Department of Insurance, and then your own coverage, small claims court or a lawyer. If the claim was denied, ask for the specific reason in writing and check it against your policy and the facts before you accept it.
Insurers do not get unlimited time. Most states have an unfair claims settlement practices law, and a regulation under it that sets time limits for acknowledging a claim, replying to claimants and deciding claims. Many of these rules are based on a model regulation from the National Association of Insurance Commissioners (NAIC), but each state sets its own numbers. Our insurance claim delay checker does the date math for you and links every state's Department of Insurance.
How long an insurer has to respond
The exact limits depend on your state. Here are four states whose regulations we have read:
| State | Acknowledge the claim | Accept or deny | Source |
|---|---|---|---|
| Virginia | 15 calendar days after notice | 15 calendar days after proof of loss (first-party claims) | 14VAC5-400-50, -60 |
| Ohio | 15 days after notice | 21 days after proof of loss | Ohio Adm.Code 3901-1-54 |
| New York | 15 business days after notice | 15 business days after proof of loss and requested items | 11 NYCRR 216.4, 216.6 |
| Washington | 10 business days after notice | 30 calendar days after notice of the claim | WAC 284-30-360, -380 (amended effective Oct. 18, 2026) |
Three details matter in every state:
- "Proof of loss" starts many clocks. A decision deadline often runs from when the insurer receives a properly completed proof of loss and the documents it asked for, not from your first phone call.
- Insurers can usually take more time if they tell you why. Virginia, Ohio, New York and Washington all let an insurer extend the decision period by notifying the claimant of the reasons, with repeat status notices after that (every 45 days in Virginia and Ohio, every 90 days in New York, every 30 days in Washington).
- Some rules cover only first-party claims. Virginia's decision deadline in 14VAC5-400-60(A), for example, is written for first-party claimants. Acknowledgment and reply rules usually cover any claimant.
If your state is not in the table, look up its unfair claims settlement practices regulation or call its Department of Insurance. The NAIC state map lists every department.
First-party or third-party: why it changes your options
A first-party claim is on your own policy: collision, MedPay, PIP, rental, or uninsured motorist coverage. You have a contract with the company, and you also have duties under it, such as prompt notice and reasonable cooperation.
A third-party claim is against the other driver's liability insurer. The Texas Office of Public Insurance Counsel notes that this insurer's job is to protect its own policyholder, that it has to agree its driver was at fault before it pays, and that low policy limits can cap what it will pay. The Texas Department of Insurance adds that because you have no contract with the other insurer, your options with it are more limited.
This difference shows up in the escalation steps below. With the other driver's insurer, your strongest lever is often to stop waiting and use your own coverage.
The escalation ladder
Work through these in order. Keep a log of every call, email and letter with the date, the person and what was said. The NAIC suggests keeping notes of every conversation and asking for a written explanation of decisions.
- Send a written follow-up. Email or the claims portal is fine; save the confirmation. Ask for the claim status, what the insurer still needs, and an expected decision date. Our claim status demand letter is built for this.
- Ask for a supervisor. If there is no reply in about a week, call and ask for the adjuster's supervisor or the claims manager. Get a name and a direct number.
- Send a demand that cites the rule. If your state's time limit has passed, say so in writing with the citation and the dates. Give a short, specific deadline to respond, such as 10 days.
- File a complaint with your state's Department of Insurance. There is generally no fee, and most departments accept complaints online. The department typically sends the complaint to the insurer and asks it to respond. It reviews whether the company followed state rules, but it generally cannot decide fault or set the value of your claim.
- Use your own coverage (third-party claims). If you have collision or uninsured motorist property damage coverage, your insurer can pay for repairs now, minus your deductible, and then pursue the other insurer. This process is called subrogation, and if it succeeds your deductible may be repaid.
- Small claims court or a lawyer. For vehicle damage within your state's small claims limit, you can usually sue the at-fault driver. See small claims court for car accidents. For injuries, large losses, or a filing deadline that is getting close, talk to a licensed attorney.
None of these steps pauses the statute of limitations. Check your deadline with the filing deadline calculator.
A worked example (hypothetical)
Dana reports a third-party property damage claim in Virginia on March 3. By March 25 she has had no claim number, no letter and no call back. Virginia's rule calls for acknowledgment within 15 calendar days, which would have been March 18. Dana emails a status request on March 25 citing 14VAC5-400-50, calls for a supervisor on April 1, and files with the Virginia Bureau of Insurance on April 8 with her log attached. Meanwhile she asks her own insurer about her collision coverage so the repair is not stuck behind the dispute.
How to read a denial letter
A denial letter should tell you what was denied and why. Several states require this. Virginia, for example, requires denials to be in writing with a reasonable explanation that refers to the policy provision relied on (14VAC5-400-70). Read it with your policy open and check:
- Is it a full or partial denial? Insurers sometimes accept liability but dispute the amount, or pay repairs but deny rental.
- What is the stated reason? Common reasons are no coverage (the policy lapsed or the driver was excluded), a liability dispute (the insurer says its driver was not at fault, or you were partly at fault), a policy exclusion, late notice, lack of cooperation, or missing documents.
- Which policy language does it cite? Find that exact section in your policy. Read the definitions, since words like "covered auto" or "insured" are often defined narrowly.
- What facts does it rely on? If it rests on a statement or report, ask for a copy. Wrong facts are the easiest denials to challenge.
- Is there a deadline or appeal process? Note any date for requesting reconsideration, appraisal or arbitration.
Respond in writing. Correct any facts, attach evidence (photos, the police report, witness details, repair estimates), and ask the insurer to reconsider. For liability denials on the other driver's policy, look at how your state's fault rule works in our comparative fault guide. If the dispute is over the value of your car, see property damage and total loss claims.
Bad faith, in general terms
"Bad faith" is a legal term for an insurer handling a claim in a way the law treats as wrongful, such as denying a claim without a reasonable basis or delaying payment without reason. State law decides what counts and who can sue.
In general terms:
- First-party bad faith involves your own insurer. Many states allow a policyholder to sue an insurer that unreasonably denies or delays benefits, either under the contract or under a statute.
- Third-party claimants usually have fewer direct rights. In many states you cannot sue the other driver's insurer for how it handled your claim, though some states allow certain claims under statute.
- A missed regulatory deadline is not automatically bad faith. It is evidence of how the claim was handled, and it is a strong point in a Department of Insurance complaint.
- Remedies vary widely. Depending on the state, they may include interest, attorney fees, or more. Do not assume any of them apply until a lawyer in your state confirms it.
If a first-party claim was denied without a clear reason, or has been delayed for months, that is a good time to talk to a lawyer. See do I need a lawyer and our contingency fee guide.
What to gather before you escalate
- The claim number and the adjuster's name and contact details
- Your policy declarations page (for your own coverage options)
- Your contact log with dates
- Copies of everything you sent, with proof of delivery
- The police report and photos (how to get a police report)
- Repair estimates, rental receipts and medical bills
For more on day-to-day dealings with claims staff, read dealing with insurance adjusters. For your state's crash rules and deadlines, see car accident laws by state.
Your next step today
Write down three dates: when you reported the claim, when you sent documents, and when you last heard back. Enter them in the claim delay checker, send the follow-up letter it builds, and put a reminder on your calendar for one week out. If that date passes with no written answer, move to the next rung.
Sources
- Virginia Administrative Code 14VAC5-400-50, Acknowledgment of pertinent communications
- Virginia Administrative Code 14VAC5-400-60, Standards for prompt investigation of claims
- Virginia Administrative Code 14VAC5-400-70, Claims settlement standards applicable to all insurers
- Ohio Administrative Code 3901-1-54, Unfair property/casualty claims settlement practices
- New York 11 NYCRR 216.6, Standards for prompt, fair and equitable settlement
- Washington State Register WSR 26-17-089 (amending WAC 284-30, effective October 18, 2026)
- NAIC: Unfair Property/Casualty Claims Settlement Practices Model Regulation
- NAIC: Insurance Departments (state map)
- NAIC: What You Should Know About Filing an Auto Claim
- Texas Department of Insurance: Getting your insurance claim paid
- Texas Office of Public Insurance Counsel: Third-Party Claims