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 response | Accept or deny | Payment | If payment is late | Deadline to sue | Source |
|---|---|---|---|---|---|---|
| Alabama | 15 days | 30 days after proof of loss | 30 days after the amount is agreed | Not stated | 2 years | Ala. Admin. Code r. 482-1-125-.06(1),(3),(4) |
| Alaska | 10 working days | 15 working days after proof of loss | 30 working days after proof of loss (undisputed amounts) | Not stated | 2 years | 3 AAC 26.040(a)-(b) |
| Arizona | 10 working days | 15 working days after proof of loss | 30 days after an acceptable proof of loss | Interest at the legal rate on a first-party claim not paid within 30 days | 2 years | Ariz. Admin. Code R20-6-801(E)(1),(3), (F), (G)(1)(a)-(b), (G)(4) |
| Arkansas | 15 working days | 15 working days after proof of loss | 10 working days after the claim is ready for payment | Not stated | 3 years | Ark. Ins. Dept. Rule 43 §§ 7(a),(c) |
| California | 15 days | 40 days after proof of claim | 30 days after acceptance | Not stated | 3 years | Cal. Code Regs. tit. 10, §§ 2695.5(e) |
| Colorado | No fixed day count | 60 days after a complete claim | 60 days after a complete claim; 3 business days on a third-party total loss after acceptance and title | The Commissioner may order a penalty (8% annual interest on larger claims) | 3 years | 3 CCR 702-5, Reg. 5-1-14 § 4(A)(1)-(3), (B)(3) |
| Connecticut | No fixed day count | No fixed day count | No fixed day count | Not stated | 2 years | Conn. Gen. Stat. § 38a-816(6)(B),(E),(N) |
| Delaware | 15 working days | 30 days after proof of loss | 30 days after the settlement is signed | Not stated | 2 years | 18 DE Admin. Code 902 §§ 3.1.2, 3.1.3, 3.1.5 |
| District of Columbia | No fixed day count | No fixed day count | No fixed day count | Not stated | 3 years | D.C. Code § 31-2231.17(b)(2) |
| Florida | 14 days | 30 days after proof of loss, on your written request | 20 days after a written settlement agreement | 12% annual interest from the agreement date | 2 years | Fla. Admin. Code R. 69O-166.024 |
| Georgia | 15 days | 15 days after proof of loss (60 days from notice at most) | 10 days after the amount is agreed | On a third-party claim, a refused 60-day written demand can bring a penalty and attorney fees | 4 years | Ga. Comp. R. & Regs. r. 120-2-52-.03(1)-(5), (7) |
| Hawaii | 15 working days | No fixed day count | 30 days after liability is affirmed | Not stated | 2 years | HRS s. 431:13-103(a)(11)(B), (E), (F), (G) |
| Idaho | No fixed day count | No fixed day count | No fixed day count | Attorney's fees in a later suit if not paid within 30 days of proof of loss | 3 years | Idaho Code ss. 41-1329, 41-1839(1) |
| Illinois | 15 working days | No fixed day count | 30 days after liability is affirmed | Not stated | 5 years | 50 Ill. Adm. Code 919.40, 919.50(a), 919.80(b)-(c) |
| Indiana | No fixed day count | No fixed day count | No fixed day count | Not stated | 2 years | Ind. Code s. 27-4-1-4.5(2), (3), (5), (14) |
| Iowa | 15 days | 30 days after proof of loss | 30 days after liability is affirmed | Not stated | 5 years | Iowa 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 count | Not stated | 2 years | K.A.R. 40-1-34 |
| Kentucky | 15 days | No fixed day count | 30 days after proof of loss | 12% annual interest, plus attorney fees if the delay had no reasonable basis | 2 years | 806 KAR 12:095 Sections 5-6 |
| Louisiana | 14 days to start adjusting | Settlement offer within 30 days after proof of loss | 30 days after proof of loss | Penalty of 50% of the amount due or $1,000, whichever is greater, if the failure is arbitrary | 2 years | La. R.S. 22:1892(A)(1)-(4), (B)(1), (B)(4), (I) |
| Maine | No fixed day count | No fixed day count | 30 days after proof of loss and agreement on the amount | 1.5% interest per month on overdue undisputed amounts | 6 years | 24-A M.R.S. § 2164-D(3)(B),(F),(K) |
| Maryland | 15 working days | 15 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 loss | No fixed day count | Not stated | 3 years | COMAR 31.15.12.03 |
| Massachusetts | Appraiser assigned within 2 business days | No fixed day count | No fixed day count | Not stated | 3 years | 212 CMR 2.04(1) |
| Michigan | No fixed day count | No fixed day count | 60 days after proof of loss | 12% simple annual interest | 3 years | MCL 500.2006(1),(3),(4) |
| Minnesota | 10 business days | 60 business days after proof of loss | 5 business days after agreement | Not stated | 6 years | Minn. Stat. § 72A.201, subd. 4(1)-(3), 4(11) |
| Mississippi | No fixed day count | No fixed day count | No fixed day count | Not stated | 3 years | Source |
| Missouri | 10 working days | 15 working days after the claim forms are in | No fixed day count | Not stated | 5 years | 20 CSR 100-1.030 |
| Montana | No fixed day count | 30 days after proof of loss | 30 days after proof of loss (60 if more information is requested) | 10% annual interest | 2 years | MCA 33-18-232 |
| Nebraska | 15 days | 15 days after proof of loss | 15 days after you accept | Not stated | 4 years | 210 NAC 60-006, 60-007, 60-008 |
| Nevada | 20 working days | 30 working days after proof of loss | 30 days after acceptance | Interest at the NRS 99.040 rate | 3 years | NAC 686A.665, 686A.670, 686A.675 |
| New HampshireThese rules may have lapsed in October 2025. | 10 working days | 30 days after notice | 5 working days after agreement | Not stated | 3 years | N.H. Admin. R. Ins 1002.03, 1002.04, 1002.05 |
| New Jersey | 10 working days | No fixed day count | 30 days after notice of loss (45 days on a third-party claim) | Not stated | 6 years | N.J.A.C. 11:2-17.6 |
| New Mexico | No fixed day count | No fixed day count | No fixed day count | Not stated | 4 years | NMSA 1978 § 59A-16-20(B)-(F) |
| New York | 15 business days | Settlement offer within 6 business days after notice (11 for a total loss) | 5 business days after you accept | Not stated | 3 years | 11 NYCRR 216.4, 216.5, 216.6(e)-(f), 216.7(b)(1) |
| North Carolina | Inspection within 10 business days | No fixed day count | 10 business days after settlement | Not stated | 3 years | 11 NCAC 04 .0419(c)(2)-(3) |
| North Dakota | No fixed day count | No fixed day count | No fixed day count | Not stated | 6 years | N.D.C.C. § 26.1-04-03(9)(b) |
| Ohio | 15 days | 21 days after proof of loss | 10 days after acceptance | Not stated | 2 years | Ohio Adm.Code 3901-1-54(C)(5), (F)(2)-(3), (G)(1), (G)(5)-(6) |
| Oklahoma | 30 days | 60 days after proof of loss | No fixed day count | Not stated | 2 years | 36 O.S. §§ 1250.4(C), 1250.6(A)-(B), 1250.7(A), (C), (E), (G) |
| Oregon | 30 days | 30 days after proof of loss | No fixed day count | Not stated | 6 years | OAR 836-080-0225(1), (3) |
| Pennsylvania | 10 working days | 15 working days after proof of loss | No fixed day count | Not stated | 2 years | 31 Pa. Code §§ 146.5(a) |
| Rhode Island | 15 days | 21 days after proof of loss | 30 days after liability is affirmed | Not stated | 10 years | 230-RICR-20-40-2.3(A)(6) |
| South Carolina | No fixed day count | No fixed day count | No fixed day count | Not stated | 3 years | S.C. Code Ann. § 38-59-20(2)-(3) |
| South Dakota | 30 days | No fixed day count | No fixed day count | Not stated | 6 years | SDCL § 58-33-67(1) |
| Tennessee | 30 days | 60 days after proof of loss | 30 days after liability is affirmed | Not stated | 3 years | Tenn. Comp. R. & Regs. 0780-01-05-.07(1),(3) |
| Texas | 15 days | 15 business days after all items are received | 5 business days after notice it will pay | Not stated | 2 years | Tex. Ins. Code §§ 542.055(a), 542.056(a)-(d), 542.057(a)-(c) |
| Utah | 15 days | 30 days after proof of loss | 30 days after proof of the loss and its amount | Interest at the legal rate | 4 years | Utah Admin. Code R590-190-6(1),(3) |
| Vermont | 10 business days | 15 business days after proof of loss | 10 business days after settlement | Not stated | 3 years | Vt. Ins. Reg. I-79-2 §§ 5(A)-(B), 6(A), 6(C), 6(E), 6(G) |
| Virginia | 15 days | 15 days after proof of loss | No fixed day count | Not stated | 5 years | 14VAC5-400-50 |
| Washington | 10 business days | 30 days after notice | 15 business days after the settlement documents are received | Not stated | 3 years | WAC 284-30-360(1),(3) |
| West Virginia | 15 working days | Written offer or denial within 10 working days after the investigation ends | 10 working days after you accept (15 for a total loss) | Not stated | 2 years | W. Va. Code R. §§ 114-14-5.1, 5.3 |
| Wisconsin | 10 days (prompt response) | No fixed day count | 30 days after notice of the loss and its amount | 7.5% simple annual interest | 3 years | Wis. Stat. § 628.46(1)-(2) |
| Wyoming | No fixed day count | 45 days after the claim and bills (accept or reject and pay) | 45 days after the claim and supporting bills | A court may award attorney's fees and 10% interest if the refusal is unreasonable | 4 years | Wyo. Stat. § 26-15-124(b)-(c) |
What to do when the insurer is late
- 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.
- 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.
- 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.
- 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.