Can you sue an insurance company for not responding?

Asked by: Devan Corwin  |  Last update: November 10, 2025
Score: 4.2/5 (3 votes)

A lawyer specializing in insurance law can guide you through your options and help you decide on your next steps. Yes, it is possible to sue an insurance company if they are taking too long to settle a claim, as this could be considered bad faith.

What to do if your insurance company ignores you?

You should try to contact the supervisor of the adjuster (if there is one). If not, you can report the company to your state's insurance commission. You may also want to consult with a personal injury lawyer (if you were injured).

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.

What to do when insurance isn't responding?

Report the Insurance Company to Your State Department of Insurance. If you are having a challenging time getting results from your insurance provider, you can file a complaint with the state department of insurance in Florida, Louisiana, Mississippi, California, or Puerto Rico.

Can I sue my insurance company for taking too long?

The answer to this question is complex, but California health insurance providers are bound by state law to respond to claims within a specific amount of time. If they fail to do so, you may have the basis for a lawsuit against your insurer due to bad faith.

What If The Insurance Company Does Not Respond By The Demand Deadline?

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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.

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.

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.

What happens if you don't reply to an insurance claim?

When a claim is left unaddressed, it may lead to the insurance company assuming that you're at fault. This could result in you paying higher amounts than if you had addressed the claim promptly. Not responding to a claim can be seen as a breach of your insurance contract. This can lead to legal actions against you.

How long after a demand letter can I expect settlement?

In some cases, you may receive a response within a few weeks, while in others, it may take several months.

Why would someone sue an insurance company?

Third-Party Lawsuits

This proposition allows an individual or a business to file a third-party lawsuit against an insurance company for unfair claims practices in handling liability claims. (Liability insurance provides financial protection to individuals and businesses for harm that occurs to others.)

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.

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.

How do I deal with an insurance company that won't pay?

When Your Insurance Company Won't Pay: 12 Tips
  1. Don't assume that the first “no” you receive is final. ...
  2. Insist on a written explanation. ...
  3. Do not accept filing errors as ground for refusal. ...
  4. Do your own research to support your claim. ...
  5. Ask your insurance agent or group policy administrator at work for support.

What is a bad faith claim?

Looking for evidence that supports the insurance company's basis for denying a claim and ignoring evidence that supports the policyholder's basis for making a claim is considered bad faith. If an insurer fails to promptly reply to a policyholder's claim, that act of negligence, willful or not, is considered bad faith.

What happens if an insurance company doesn't respond to demand?

If the insurance company fails to respond to your demand letter, your attorney might advise you it is time to file a lawsuit. In some cases, an insurance company's failure to respond and other actions could rise to the level of bad faith. Your attorney may discuss legal recourse for bad-faith insurance practices.

What to do if an insurance company ignores you?

5 Steps to Take When an Insurance Company Ignores You
  1. Make a Follow-Up Call. ...
  2. Document & Keep Everything. ...
  3. Stay Calm If or When You Do Make Contact with an Adjuster. ...
  4. Do NOT Feel Pressured to Accept a Settlement. ...
  5. Request All Follow-Up Contact to Be in Writing. ...
  6. Talk to a Lawyer.

What are subrogation rights?

“Subrogation” refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid the insured to cover the loss.

How long do I have to respond to an insurance claim?

Typically, insurance companies have 15 days to acknowledge receipt of the claim you submit. That does not mean they have to decide within that time frame. They then have 15 days to investigate the claim. They have 40 days to settle the claim from start to finish.

What are the odds of winning an insurance appeal?

Only half of denied claims are appealed, and of those appeals, half are overturned! Undivided's Head of Health Plan Advocacy, Leslie Lobel, says that if you have a winner argument and patience to get through all the levels of "no," there is a good chance you can get your denial overturned.

How to argue with an insurance company?

Write a letter. If you've run into a roadblock verbally communicating, try writing a letter to the appropriate manager at the company. In the letter, you should ensure that you clearly state the problem you're having and to describe clearly how you think a fair resolution would look.

How long does it take to sue an insurance company?

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.

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.

Can I threaten my insurance company?

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