What happens if I don't answer my insurance claim?
Asked by: Dejon Mayert | Last update: October 20, 2025Score: 4.7/5 (47 votes)
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.
What happens if I ignore an insurance claim against me?
under California law the insurance company would be entitled to suspend your license so long as they obtain a judgment against you. There is no minimum damage threshold in California that would prevent the insurance company/judgment holder from suspending your license. This of course would be really bad for you.
Can you sue an insurance company for not responding?
Seeking Legal Advice
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.
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 If The Insurance Company Does Not Respond By The Demand Deadline?
Do you have to respond to a claim?
Responding to a statement of claim
If you have been served with a Statement of Claim, you must respond within 28 days. Do not ignore it! If you ignore the Statement of Claim, the plaintiff can apply for default judgment against you to recover the money.
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.
What to do when insurance won't answer?
Contact Your Insurance Representative's Supervisor
If you have been relegated to calling your insurance company's 800 number and leaving message after message for your point of contact, only to never hear back, try someone else. Contacting a supervisor may move your claim forward quicker and without too much trouble.
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.
What happens if a claim is taking too long?
What happens if a settlement claim takes longer than anticipated? Some states require the insurer to provide a written explanation in response to why the claim is taking longer than 30 days. Occasionally, claims are delayed, but most state laws require insurance companies to inform you of the claim's status.
Do I call the other person's insurance if they hit me?
Even in at-fault states, where the other driver's insurer pays, there are several reasons why you should always call your own auto insurance company first, including: Some insurers will help you negotiate a settlement with the other driver's insurance company.
How do I argue against an insurance claim?
- Internal appeal: If your claim is denied or your health insurance coverage canceled, you have the right to an internal appeal. ...
- External review: You have the right to take your appeal to an independent third party for review.
What happens if you don't accept an insurance settlement?
However, refusing a settlement offer does extend the life of your claim and delays when you receive compensation. If you have pressing medical bills or other expenses, this is a factor to consider. You'll also need to invest more time and energy into your case, including providing more documentation of your damages.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
What happens if you don't call insurance after an accident?
Failing to contact your insurance company shortly after being in a car accident can lead to them denying your claim. Waiting to contact your insurance company can also make it more difficult for the insurance company to investigate your case, which could lead to you receiving a lower settlement amount.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
Can I threaten my insurance company?
However, you should never threaten to harm an insurance adjuster or any employee of an insurance company.
What happens if an insurance company sues you?
If your insurance company initiates a legal action against you seeking declaratory relief, you need to seek advice and representation from an experienced insurance claims lawyer without delay as the insurer will ask the judge to determine that your claim is not covered.
Do I have to respond to an insurance claim?
If you have insurance, your policy will require you to cooperate with interested parties when a claim is made. By not responding, you are breaking the terms of your policy.
What to do if an insurance company ignores you?
- Make a Follow-Up Call. ...
- Document & Keep Everything. ...
- Stay Calm If or When You Do Make Contact with an Adjuster. ...
- Do NOT Feel Pressured to Accept a Settlement. ...
- Request All Follow-Up Contact to Be in Writing. ...
- Talk to a Lawyer.
What happens if someone doesn't respond to insurance?
Insurance policies also have a “duty to cooperate” or “non-cooperation” clause. This clause basically states that the insured party is obligated to cooperate with the adjuster's investigation of the claim. If the insured person refuses or fails to cooperate, the company can then deny coverage.
Can I sue an 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.
How often do insurance appeals work?
The statistic is particularly alarming when one considers that the overwhelming majority of appeals—83.2%—resulted in the insurance company either partially or fully overturning the initial prior authorization denial in 2022. That figure is similar to what the overturn rate was between 2019 and 2021.
How long do insurance claims stay on your record?
For minor accidents, the record retention period typically spans three years from the date of the accident. Notably, if you were not deemed at fault, it is illegal for insurance companies to increase your premiums in California.