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State rules

How long does insurance take to pay a total loss? Deadlines by state (2026)

34 jurisdictions set a fixed number of days to pay a claim, and 33 set a deadline to accept or deny it or make an offer. 8 (Connecticut, DC, Idaho, Indiana, Mississippi, New Mexico, North Dakota and South Carolina) set no fixed day count for any step. 13 states let you ask the insurer to reopen a total-loss claim if you cannot buy a comparable car for the amount paid.

Last reviewed from statutes, regulations and Department of Insurance publications.

Key findings

  • 34 jurisdictions set a fixed number of days to pay a claim, and 33 set a deadline to accept or deny it or make an offer. 8 (Connecticut, DC, Idaho, Indiana, Mississippi, New Mexico, North Dakota and South Carolina) set no fixed day count for any step.
  • Where the rules say what happens when payment is late, the answer is usually interest or a penalty: Arizona, Colorado, Florida, Georgia, Idaho, Kentucky, Louisiana, Maine, Michigan, Montana, Nevada, Utah, Wisconsin and Wyoming. The table shows each one.
  • 13 states let you ask the insurer to reopen a total-loss claim if you cannot buy a comparable car for the amount paid.
  • The deadline to sue over damage to a car runs from 2 years (17 jurisdictions) to 10 years (Rhode Island, a figure we have not checked against the statute text); 3 years is most common (18 jurisdictions).

Claim deadlines in every state

Deadlines for a claim on your own policy unless the cell says otherwise. Days are as each rule counts them (calendar, working or business days).

State First responseAccept or denyPaymentIf payment is lateDeadline to sueSource
Alabama15 days30 days after proof of loss30 days after the amount is agreedNot stated2 yearsAla. Admin. Code r. 482-1-125-.06(1),(3),(4)
Alaska10 working days15 working days after proof of loss30 working days after proof of loss (undisputed amounts)Not stated2 years3 AAC 26.040(a)-(b)
Arizona10 working days15 working days after proof of loss30 days after an acceptable proof of lossInterest at the legal rate on a first-party claim not paid within 30 days2 yearsAriz. Admin. Code R20-6-801(E)(1),(3), (F), (G)(1)(a)-(b), (G)(4)
Arkansas15 working days15 working days after proof of loss10 working days after the claim is ready for paymentNot stated3 yearsArk. Ins. Dept. Rule 43 §§ 7(a),(c)
California15 days40 days after proof of claim30 days after acceptanceNot stated3 yearsCal. Code Regs. tit. 10, §§ 2695.5(e)
ColoradoNo fixed day count60 days after a complete claim60 days after a complete claim; 3 business days on a third-party total loss after acceptance and titleThe Commissioner may order a penalty (8% annual interest on larger claims)3 years3 CCR 702-5, Reg. 5-1-14 § 4(A)(1)-(3), (B)(3)
ConnecticutNo fixed day countNo fixed day countNo fixed day countNot stated2 yearsConn. Gen. Stat. § 38a-816(6)(B),(E),(N)
Delaware15 working days30 days after proof of loss30 days after the settlement is signedNot stated2 years18 DE Admin. Code 902 §§ 3.1.2, 3.1.3, 3.1.5
District of ColumbiaNo fixed day countNo fixed day countNo fixed day countNot stated3 yearsD.C. Code § 31-2231.17(b)(2)
Florida14 days30 days after proof of loss, on your written request20 days after a written settlement agreement12% annual interest from the agreement date2 yearsFla. Admin. Code R. 69O-166.024
Georgia15 days15 days after proof of loss (60 days from notice at most)10 days after the amount is agreedOn a third-party claim, a refused 60-day written demand can bring a penalty and attorney fees4 yearsGa. Comp. R. & Regs. r. 120-2-52-.03(1)-(5), (7)
Hawaii15 working daysNo fixed day count30 days after liability is affirmedNot stated2 yearsHRS s. 431:13-103(a)(11)(B), (E), (F), (G)
IdahoNo fixed day countNo fixed day countNo fixed day countAttorney's fees in a later suit if not paid within 30 days of proof of loss3 yearsIdaho Code ss. 41-1329, 41-1839(1)
Illinois15 working daysNo fixed day count30 days after liability is affirmedNot stated5 years50 Ill. Adm. Code 919.40, 919.50(a), 919.80(b)-(c)
IndianaNo fixed day countNo fixed day countNo fixed day countNot stated2 yearsInd. Code s. 27-4-1-4.5(2), (3), (5), (14)
Iowa15 days30 days after proof of loss30 days after liability is affirmedNot stated5 yearsIowa Admin. Code r. 191-15.41(2), (3), (6)
KansasKansas figures come from a law-firm compendium and are approximate.10 days (reported)15 days after proof of loss (reported)No fixed day countNot stated2 yearsK.A.R. 40-1-34
Kentucky15 daysNo fixed day count30 days after proof of loss12% annual interest, plus attorney fees if the delay had no reasonable basis2 years806 KAR 12:095 Sections 5-6
Louisiana14 days to start adjustingSettlement offer within 30 days after proof of loss30 days after proof of lossPenalty of 50% of the amount due or $1,000, whichever is greater, if the failure is arbitrary2 yearsLa. R.S. 22:1892(A)(1)-(4), (B)(1), (B)(4), (I)
MaineNo fixed day countNo fixed day count30 days after proof of loss and agreement on the amount1.5% interest per month on overdue undisputed amounts6 years24-A M.R.S. § 2164-D(3)(B),(F),(K)
Maryland15 working days15 working days after the insurer receives the claim forms or proof of lossCash offer on a total loss: within 10 business days after the insurer decides the car is a total lossNo fixed day countNot stated3 yearsCOMAR 31.15.12.03
MassachusettsAppraiser assigned within 2 business daysNo fixed day countNo fixed day countNot stated3 years212 CMR 2.04(1)
MichiganNo fixed day countNo fixed day count60 days after proof of loss12% simple annual interest3 yearsMCL 500.2006(1),(3),(4)
Minnesota10 business days60 business days after proof of loss5 business days after agreementNot stated6 yearsMinn. Stat. § 72A.201, subd. 4(1)-(3), 4(11)
MississippiNo fixed day countNo fixed day countNo fixed day countNot stated3 yearsSource
Missouri10 working days15 working days after the claim forms are inNo fixed day countNot stated5 years20 CSR 100-1.030
MontanaNo fixed day count30 days after proof of loss30 days after proof of loss (60 if more information is requested)10% annual interest2 yearsMCA 33-18-232
Nebraska15 days15 days after proof of loss15 days after you acceptNot stated4 years210 NAC 60-006, 60-007, 60-008
Nevada20 working days30 working days after proof of loss30 days after acceptanceInterest at the NRS 99.040 rate3 yearsNAC 686A.665, 686A.670, 686A.675
New HampshireThese rules may have lapsed in October 2025.10 working days30 days after notice5 working days after agreementNot stated3 yearsN.H. Admin. R. Ins 1002.03, 1002.04, 1002.05
New Jersey10 working daysNo fixed day count30 days after notice of loss (45 days on a third-party claim)Not stated6 yearsN.J.A.C. 11:2-17.6
New MexicoNo fixed day countNo fixed day countNo fixed day countNot stated4 yearsNMSA 1978 § 59A-16-20(B)-(F)
New York15 business daysSettlement offer within 6 business days after notice (11 for a total loss)5 business days after you acceptNot stated3 years11 NYCRR 216.4, 216.5, 216.6(e)-(f), 216.7(b)(1)
North CarolinaInspection within 10 business daysNo fixed day count10 business days after settlementNot stated3 years11 NCAC 04 .0419(c)(2)-(3)
North DakotaNo fixed day countNo fixed day countNo fixed day countNot stated6 yearsN.D.C.C. § 26.1-04-03(9)(b)
Ohio15 days21 days after proof of loss10 days after acceptanceNot stated2 yearsOhio Adm.Code 3901-1-54(C)(5), (F)(2)-(3), (G)(1), (G)(5)-(6)
Oklahoma30 days60 days after proof of lossNo fixed day countNot stated2 years36 O.S. §§ 1250.4(C), 1250.6(A)-(B), 1250.7(A), (C), (E), (G)
Oregon30 days30 days after proof of lossNo fixed day countNot stated6 yearsOAR 836-080-0225(1), (3)
Pennsylvania10 working days15 working days after proof of lossNo fixed day countNot stated2 years31 Pa. Code §§ 146.5(a)
Rhode Island15 days21 days after proof of loss30 days after liability is affirmedNot stated10 years230-RICR-20-40-2.3(A)(6)
South CarolinaNo fixed day countNo fixed day countNo fixed day countNot stated3 yearsS.C. Code Ann. § 38-59-20(2)-(3)
South Dakota30 daysNo fixed day countNo fixed day countNot stated6 yearsSDCL § 58-33-67(1)
Tennessee30 days60 days after proof of loss30 days after liability is affirmedNot stated3 yearsTenn. Comp. R. & Regs. 0780-01-05-.07(1),(3)
Texas15 days15 business days after all items are received5 business days after notice it will payNot stated2 yearsTex. Ins. Code §§ 542.055(a), 542.056(a)-(d), 542.057(a)-(c)
Utah15 days30 days after proof of loss30 days after proof of the loss and its amountInterest at the legal rate4 yearsUtah Admin. Code R590-190-6(1),(3)
Vermont10 business days15 business days after proof of loss10 business days after settlementNot stated3 yearsVt. Ins. Reg. I-79-2 §§ 5(A)-(B), 6(A), 6(C), 6(E), 6(G)
Virginia15 days15 days after proof of lossNo fixed day countNot stated5 years14VAC5-400-50
Washington10 business days30 days after notice15 business days after the settlement documents are receivedNot stated3 yearsWAC 284-30-360(1),(3)
West Virginia15 working daysWritten offer or denial within 10 working days after the investigation ends10 working days after you accept (15 for a total loss)Not stated2 yearsW. Va. Code R. §§ 114-14-5.1, 5.3
Wisconsin10 days (prompt response)No fixed day count30 days after notice of the loss and its amount7.5% simple annual interest3 yearsWis. Stat. § 628.46(1)-(2)
WyomingNo fixed day count45 days after the claim and bills (accept or reject and pay)45 days after the claim and supporting billsA court may award attorney's fees and 10% interest if the refusal is unreasonable4 yearsWyo. Stat. § 26-15-124(b)-(c)

What to do when the insurer is late

  1. Write down the date you reported the claim, the date you sent each document, and every reply. Each deadline runs from an event such as notice of the claim, proof of loss or agreement on the amount.
  2. Ask the adjuster in writing for a decision date and for the rule that gives them more time. Some rules require the insurer to give written reasons when it needs more time.
  3. If the deadline passes without a written reason, file a free complaint with your state insurance department. Each state page lists the department, its complaint page and its phone number.
  4. Do not let a delay run past your deadline to sue. Negotiating with the insurer does not usually stop it.

After payment, Alaska, California, Hawaii, Illinois, Iowa, Kansas, Kentucky, New Jersey, New York, Oregon, Rhode Island, Utah and Washington also let you ask the insurer to reopen a total-loss claim when you cannot buy a comparable car for the amount paid. The window and the rule for each state are on its total-loss page.

What these deadlines cover

These are claim-handling rules: they set how fast an insurer must respond, decide and pay, not how much it owes. Some cover only claims on your own policy, and some states set different deadlines for a claim against the at-fault driver's insurer. Each state's total-loss page gives the full rule.

In 7 of the 8 jurisdictions with no fixed day count (Connecticut, DC, Idaho, Indiana, New Mexico, North Dakota and South Carolina), the rules instead require the insurer to respond to claim communications with reasonable promptness.

How to cite

Fairmark, Total loss claim deadlines by state, fairmarkvalue.com/total-loss-claim-deadlines-by-state, last reviewed November 4, 2026.

Free to reuse under CC BY 4.0 with a link to this page. Download the full dataset: CSV · JSON.

General information, not legal advice. Rules change; confirm with your state Department of Insurance.