Car Insurance Claim Laws by State
Every state sets its own rules for how fast an insurer must handle a car insurance claim and when a damaged car counts as a total loss. Pick your state for its deadlines, total-loss rule, the law behind each one, and free tools to back up your claim.
Last reviewed October 24, 2026 by Ali Ahmad, MyAutoTriage editor.
| State | Accept or deny a claim | Total loss rule | Injury lawsuit deadline |
|---|---|---|---|
| Alabama | 30 calendar days after proof of loss | 75% of value | 2 years |
| Alaska | 15 working days after proof of loss | Insurer decides (no fixed %) | 2 years |
| Arizona | 15 working days after proof of loss | Insurer decides (no fixed %) | 2 years |
| Arkansas | 15 working days after proof of loss | 70% of value | 3 years |
| California | 40 calendar days after proof of claim | Insurer decides (no fixed %) | 2 years |
| Colorado | 60 calendar days after a complete claim | 100% of value | 3 years |
| Connecticut | No fixed deadline (a reasonable time) | Total loss formula | 2 years |
| Delaware | 30 days after proof of loss | Insurer decides (no fixed %) | 2 years |
| Florida | 30 days after proof of loss, if you ask in writing | Insurer decides (no fixed %) | 2 years |
| Georgia | 15 days after proof of loss (60 days from notice at most) | Insurer decides (no fixed %) | 2 years |
| Hawaii | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 2 years |
| Idaho | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 2 years |
| Illinois | No fixed deadline (a reasonable time); written delay notice after 40 days | Insurer decides (no fixed %) | 2 years |
| Indiana | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 2 years |
| Iowa | 30 days after proof of loss | 70% of value | 2 years |
| Kansas | 15 working days after proof of loss | 75% of value | 2 years |
| Kentucky | 30 calendar days after proof of loss | 75% of value | 2 years |
| Louisiana | 30 days after proof of loss (written offer) | 75% of value | 2 years |
| Maine | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 6 years |
| Maryland | 15 working days after proof of loss | 75% of value | 3 years |
| Massachusetts | No fixed deadline (a reasonable time) | Total loss formula | 3 years |
| Michigan | No fixed deadline (a reasonable time) | 75% of value | 3 years |
| Minnesota | 30 business days after notice of claim | 80% of value | 6 years |
| Mississippi | No deadline in state law | Insurer decides (no fixed %) | 3 years |
| Missouri | 15 working days after claim forms are submitted | 80% of value | 5 years |
| Montana | 30 days after proof of loss (60 if more information requested) | Insurer decides (no fixed %) | 3 years |
| Nebraska | 15 working days after proof of loss | 75% of value | 4 years |
| Nevada | 30 calendar days after the claim is received | 65% of value | 2 years |
| New Hampshire | 30 calendar days after notice of claim | 75% of value | 3 years |
| New Jersey | 30 calendar days after notice of loss (auto physical damage) | Insurer decides (no fixed %) | 2 years |
| New Mexico | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 3 years |
| New York | 15 business days after proof of loss | 75% of value | 3 years |
| North Carolina | No fixed deadline (a reasonable time) | 75% of value | 3 years |
| North Dakota | No fixed deadline (a reasonable time) | 75% of value | 6 years |
| Ohio | 21 calendar days after proof of loss | Insurer decides (no fixed %) | 2 years |
| Oklahoma | 60 days after proof of loss | 60% of value | 2 years |
| Oregon | 30 calendar days after proof of loss | Insurer decides (no fixed %) | 2 years |
| Pennsylvania | 15 working days after proof of loss | Total loss formula | 2 years |
| Rhode Island | 21 calendar days after proof of loss | 75% of value | 3 years |
| South Carolina | No fixed deadline (a reasonable time) | 75% of value | 3 years |
| South Dakota | No fixed deadline (a reasonable time) | Insurer decides (no fixed %) | 3 years |
| Tennessee | 60 days after proof of loss | 75% of value | 1 year |
| Texas | 15 business days after final proof of loss | 100% of value | 2 years |
| Utah | 30 days after a complete proof of loss | Insurer decides (no fixed %) | 4 years |
| Vermont | 15 business days after proof of loss | Insurer decides (no fixed %) | 3 years |
| Virginia | 15 calendar days after proof of loss | Total loss formula | 2 years |
| Washington | 30 calendar days after notice of claim (from Oct 18, 2026) | Total loss formula | 3 years |
| Washington D.C. | No fixed deadline (a reasonable time) | 75% of value | 3 years |
| West Virginia | 10 working days after the investigation ends | 75% of value | 2 years |
| Wisconsin | No fixed deadline (a reasonable time) | 70% of value | 3 years |
| Wyoming | 45 days after the claim and bills (decide and pay) | Insurer decides (no fixed %) | 4 years |
How to use these rules
Deadlines usually run from the date the insurer receives your proof of loss, so send documents in writing and keep copies. If an insurer misses a deadline, a short written reminder that names the rule often gets things moving; if not, your state department of insurance takes complaints for free.
"Total loss formula" states total a car when the repair cost plus its salvage value reaches the car's actual cash value. Percentage states use a fixed share of the car's value instead. Where state law sets no number, the insurer decides when repairs are uneconomical, and most insurers use the formula.
Not legal, financial, or insurance advice. This page summarises rules and data for general education only. Insurance laws, deadlines, and formulas vary by state, by policy, and by insurer, and they change over time. Verify anything important with your insurance policy, your state department of insurance, or a licensed attorney before relying on it. State rules change and some apply only to certain claim types. Confirm anything important with your state department of insurance or a licensed attorney.