Can I sue an insurance company for taking too long?

Asked by: Mortimer Gislason  |  Last update: April 22, 2025
Score: 4.8/5 (1 votes)

They delay processing or payment long enough that the statute of limitations for you to take legal action expires, and they do so without a valid reason. If your insurance company is taking too long to respond or pay out on your claim, you have the right to sue.

Can you sue insurance companies for taking too long?

If an insurance company is taking too long to resolve your claim or if they are denying your claim without a valid reason, you may have grounds for a lawsuit.

What can I do if my claim is taking too long?

Ask them straight up what is taking so long. If the answer isn't forthcoming ask them what you can do to facilitate the claim. Then provide them with anything reasonable for which they ask. Promptly. Ask the adjuster what they are doing to see the claim is taken care of.

When should you sue an insurance company?

You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.

Why is my insurance claim taking so long?

Your insurance company will investigate who's responsible for the accident, as well as whether there's coverage for the injuries, damage, or other loss you filed the claim for. A coverage investigation can take just as long or even longer than an investigation to determine liability.

Can I Be Sued After I Settle With The Insurance Company?

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Do insurance companies have a time limit?

All states except South Carolina have rules requiring insurers to pay or deny claims within a certain time frame, usually 30, 45, or 60 days.

How can I speed up my insurance claim?

The Best Ways to Speed up the Insurance Claim Settlement Process
  1. Know About Your Policy. When you've got an understanding of your property insurance policy, you have the confidence to protect your rights. ...
  2. Learn About Your Legal Rights. ...
  3. Document Everything. ...
  4. Submit Proof of Your Losses. ...
  5. Get the Right Kind of Help.

How likely is an insurance company to sue you?

While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.

Can I sue an insurance company for wasting my time?

The law requires insurance companies to acknowledge receipt of a claim within 15 days after they receive it. They must communicate their decision on the claim within 15 business days after receiving all necessary information related to the claim. If they fail to do so, policyholders have the right to sue for delay.

What is an example of negligence in insurance?

Negligence is an insurance term that is tied to various types of liability insurance, such as home, life, health, business, and auto. For example, perhaps a retail shop owner was negligent by leaving their water hose out after cleaning the sidewalk, causing a passerby to trip.

How to escalate an insurance claim?

Let your insurance professional know that you are unhappy.

If the agent or representative is unable to solve your problem, get the name and phone number of the head of the insurer's claims department. Your insurance company may also have a consumer complaint department that can help.

How long should a claim take to settle?

Time limits may be extended in certain circumstances. Claims handled through the portal usually take around 4-9 months to settle – based on clients' accepting the first settlement offer. Clinical Negligence: Clinical negligence cases can take anything from 18 months to even 2-3 years to settle.

Why is my claim taking forever?

It can take quite a while to investigate an accident, especially when it comes to determining liability for the accident. The insurance company has to collect information about the claim, review evidence, and carry out other tasks to ensure the claim is valid and make a plan for moving forward with it.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

What happens if insurance doesn't respond in 30 days?

Insurers Do Not Need to Respond to Demand Letters

However, your attorney will be ready to take action against the company if they refuse to give your claim the attention it deserves. This might be by filing a civil lawsuit against the company if they continue to handle your claim in bad faith.

Can I sue my insurance for ignoring me?

Yes, you can pursue litigation when ignored by an insurer. Insurance providers are legally required to act in good faith. That means, they must handle client cases reasonably and fairly. You can press bad faith charges against them if they don't.

What if an insurance company is taking too long?

File a Complaint with the State Department of Insurance

This state regulatory agency oversees the insurance industry and can investigate complaints against insurers. They have the authority to take action against insurance companies that engage in bad faith practices or violate state laws.

How do I fight back against insurance companies?

There are 2 ways to appeal a health plan decision:
  1. Internal appeal: If your claim is denied or your health insurance coverage canceled, you have the right to an internal appeal. ...
  2. External review: You have the right to take your appeal to an independent third party for review.

How does suing an insurance company work?

In California, you can sue an insurance company for a maximum of $12,500 if you are an individual. If you are a business suing an insurance company, you can sue for a maximum of $6,250. Note, if you are a sole proprietor, you count as an individual.

Do you have to have a lawyer to sue an insurance company?

If you've found yourself in this situation and are considering legal action, you might be wondering if you can sue an insurance company without hiring a lawyer. It is definitely possible, but it's essential to understand the potential challenges and complexities involved.

How long does a lawsuit against an insurance company take?

If handled quickly, a civil case may be resolved in one year or less. A two-year lifespan is not uncommon for a civil injury case against a single defendant or against an insurance company. Sometimes lawsuits in civil court may last a few years if delays occur.

Can I threaten my insurance company?

However, you should never threaten to harm an insurance adjuster or any employee of an insurance company.

How do I argue against an insurance claim?

Submit a Claims Appeal Letter to the Insurance Company

This letter should explain why you believe the claim was incorrectly denied and include evidence to prove your argument. Evidence you should send with the appeals letter includes photos, videos, medical records, and witness testimony.

Why do insurance companies drag out claims?

Insurance companies may purposely drag out the claims process, hoping that policyholders will grow frustrated and accept a lower settlement or even drop the claim entirely. This may include excessive paperwork requests, slow response times, or frequent requests for additional documentation.