How Long Does an Insurance Company Have to Pay?

Florida Insurance Claim Payment Deadlines: What Insurers Must Do

Florida law sets strict deadlines for insurance claim payments. Many claimants don’t know these deadlines exist—or what to do when insurers miss them.

Florida Statute 627.70131 creates three separate obligations for insurers:

• Acknowledge your claim within 7 days
• Pay without unreasonable delay after approval

If your insurer misses these deadlines or stalls without explanation, you may have legal options—including filing a complaint with the state regulator or pursuing a bad-faith claim.

The Three Insurance Claim Payment Deadlines in Florida

First: The 7-Day Acknowledgment

Your insurer must contact you within 7 days of receiving your claim. This confirms your claim is logged and officially begins the process.

The acknowledgment must include:

• Your claim number
• Your adjuster’s name and direct contact information
• A description of your claim as the insurer understands it
• Information about what happens next

Why this matters: A prompt acknowledgment is not a promise to pay. It is a procedural requirement. If your insurer ignores this deadline, it signals a potential problem and may violate Florida law.

Second: The 90-Day Decision Deadline

After receiving your complete claim, the insurer has up to 90 days to approve or deny it.

What counts as “complete”?

• Vehicle damage: repair estimates, photos, proof of ownership, police report (if applicable)
• Medical claims: medical records, bills, proof of treatment, documentation of how the injury was caused
• Liability disputes: police report, witness statements, evidence of fault

Straightforward claims often decide within 2 to 4 weeks. Complex claims involving serious injuries, multiple vehicles, ongoing investigations, or disputed fault may take the full 90 days.

Critical distinction: The 90-day deadline is for the decision, not payment. An insurer can approve your claim on day 89, then take additional time to process and send payment.

Third: Payment After Approval: “Without Unreasonable Delay”

Most approved claims are paid within 10 to 30 days, depending on:

• Claim complexity
• Insurer’s internal procedures
• Payment method (check, electronic transfer, etc.)
• Multiple types of damage or multiple payees

The insurer must inform you of the payment method and expected delivery date. If payment will be delayed, the insurer must provide a payment schedule.

What “without unreasonable delay” means: Courts have found 30 to 45-day delays reasonable in some cases. Delays of several months with no explanation may cross into bad faith.

Legitimate Reasons for Delays

Not every delay violates the law. Common legitimate reasons include:

• Incomplete documentation: Missing medical records, repair estimates, or police reports you must provide
• Ongoing investigation: Gathering facts about liability, how the injury was caused, or the extent of damages
• Disputes over fault or coverage: Questions about whether the accident is covered or who was responsible
• Third-party involvement: Coordination with another driver’s insurer or subrogation claims (when the insurer pursues recovery from a third party)
• Supplemental claims: New damages discovered after the initial claim

These do not necessarily mean bad faith. However, if delays persist without explanation or communication stops, the situation may become unlawful.

Supplemental Claims: Timeline Restarts

A supplemental claim is filed when new damages are discovered after the initial claim. Examples include:

• You initially claimed vehicle damage but later discovered injuries requiring medical treatment
• You filed for immediate medical expenses, but weeks later your doctor recommends surgery
• You filed a homeowners claim for roof damage, but inspection reveals hidden structural damage

Multiple supplemental claims can significantly extend the overall settlement timeline.

Protect yourself: Discuss with your adjuster whether new damages should have been included in the original claim (no restart) or require a separate filing. Get this clarification in writing.

Red Flags: Recognizing Bad Faith

Bad faith occurs when an insurer acts dishonestly or unreasonably to avoid paying a valid claim. Red flags include:

• Refusing to acknowledge your claim after 7 days without explanation
• Failing to decide within 90 days with no reason given
• Denying your claim without reasonable investigation
• Ignoring your requests for updates for weeks
• Misrepresenting policy terms to justify denial
• Offering significantly less than documented damages without explanation
• Delaying payment indefinitely after approval
• Requesting the same information repeatedly or unnecessary information
• Refusing to put decisions in writing

Document everything immediately: dates, times, representative names, and copies of all written communication. This paper trail is essential if you later need to file a complaint or pursue legal action.

Protecting Yourself: Documentation and Written Communication

Document all communication. Keep records of every phone call, email, and letter. For calls, note the date, time, representative’s name, and what was discussed. Follow up with an email: “This confirms our call on [date] with [name], who said [summary]. Please confirm if this is accurate.”

Send written requests. Use email or certified mail to request updates. Written communication creates a paper trail proving you reached out and when.

Request deadlines in writing. Ask the insurer to confirm the 90-day decision deadline in writing.

Keep copies of everything. Maintain a file with your claim, all correspondence, medical records, repair estimates, and insurer communication.

Review your policy. Confirm your accident is covered. Misunderstandings about coverage are common and can explain delays.

What to Do If Your Insurer Misses Deadlines or Acts in Bad Faith

File a complaint with the Florida Department of Financial Services. The Florida Department of Financial Services (FLDFS) accepts complaints when insurers miss statutory deadlines or appear to act in bad faith. Filing creates an official record, triggers investigation, and may prompt action. The FLDFS can impose penalties on insurers that violate Fla. Stat. 627.70131.

Consult an attorney. If the delay or denial seems unreasonable or intentional, an attorney can review your claim, policy, and insurer conduct to determine whether you have grounds for a bad-faith lawsuit. A bad-faith claim can result in damages beyond the original amount, including attorney fees, court costs, and sometimes punitive damages.

Consider a bad-faith lawsuit. If insurer conduct is egregious, you may have grounds to sue for bad faith, separate from the underlying claim. Bad-faith lawsuits require evidence of intentional or reckless disregard for your rights, but they can be powerful tools when the insurer acts dishonestly.

Frequently Asked Questions

If your insurance claim has been delayed, denied, or you suspect your insurer isn’t following Florida’s legal deadlines, you have options. Many people in your situation need to understand what comes next. Get a free case evaluation to discuss what happened and what remedies may be available to you.

For more information on how we help with insurance matters, visit our pages on insurance claims, homeowners insurance claims, and auto insurance claims.