How long does an insurance company have to respond to a proof of loss in Florida?

If you file a claim with your car, home, or health insurance company, you likely want the claims process to be settled as quickly as possible. Luckily, there are laws in place to require insurance companies to settle claims within a reasonable timeframe. While this exact timeframe can vary depending on the situation and type of insurance, insurers have to be fair and responsive in managing claims. 

General Timelines for Settling Insurance Claims

In Florida, there are three general timelines that insurers need to adhere to. These include:

  • 14 days to acknowledge the claim after it’s been filed. 

If you’re not able to speak with an agent when you file a claim, your insurance company typically has 14 days to establish communication with you. Sometimes, insurance companies can pay out small claims within this 14-day period, so the acknowledgment of your claim isn’t needed. 

  • 90 days to make a decision on the claim after it’s been acknowledged.

For most Florida insurance claims, insurers must make a decision within a 90-day period. You should receive a notice that your claim was approved or denied within this timeframe, and if you don’t, you should contact a Florida attorney who specializes in insurance disputes. 

  • 20 days to pay the claim after it’s been approved.

Many insurance policies specify that the insurer must pay the claim within 20 days once a settlement has been made. If your insurance company approved your claim but hasn’t yet provided any form of payment, it’s likely in your best interest to speak with an insurance attorney. Your attorney can examine your policy and represent you in communication with your insurance company, which can prevent further delays and ensure that your legal rights are protected. 

Insurance Attorneys in Florida

At Weldon & Rothman, our attorneys are highly experienced in recovering insurance benefits throughout Florida. If you’re facing an insurance dispute, schedule a consultation with us today to secure your legal representation! 

After you file an insurance claim in Florida, you will probably feel an appreciated amount of relief immediately. Everything should be back on track and straightened out in due time, right? If your insurance claim is like the average claim, though, the feeling of relief might turn into frustration as days go by with no word from your insurance carrier. It all raises the question: “How long does your insurance provider have to handle your claim and pay you for damages?”

It is difficult to say an exact amount of days your insurance carrier has before failing to respond to your insurance claim becomes a legal issue. Every contract is different from the next, and some may set up specific rules that flex according to different circumstances. However, consumer protection laws mandate that all insurance contracts set up a “reasonable” timeframe that is fair to the consumer.

In general, there are three important timeframes Florida insurance companies must follow:

  • 14 days: When you first notify your insurance carrier about your accident or damage to your property, if you do not speak to a live representative at that time, the company has to contact you within 14 days, or two weeks. This same 14-day timeframe also applies to any subsequent and nonspecific communications, such as inquiries for updates.
  • 10 days: One of the most important communications you will need to send to your insurance company at some point is a “proof of loss” form, sheet, or list. Basically, this is proof and calculations that show how much you believe you need to recover from the damages. When your insurer receives this form, it has just 10 days, usually, to start an investigation to determine to what it believes your losses amount.
  • 90 days: When its investigation is complete, an insurance company can have up to 90 days, or three months, to notify you of denial or acceptance of your claim. You can probably expect the 90-day time limit to be used for larger claims, as the insurance company will want to find any and all ways to reduce how much coverage it gives you. If your claim is denied and the reasons for that decision are vague, or not given at all, it might be insurance bad faith.

Missed Dates & Extended Timelines

Once again, you may have to review your insurance contract to see if the 14-10-90 time restrictions apply to your insurer and your type of insurance claim. As soon as you suspect that a requirement date of communication was missed, you might also want to start suspecting that your insurer is using insurance bad faith tactics to try to delay your coverage. For more information about how to protect yourself from insurance bad faith, contact The Morgan Law Group, P.A. and our Miami insurance claim attorneys today. We bring 40+ years of combined legal experience to each case we take, and always do everything we can to protect Florida consumers from unjust treatment carried about by dishonest insurance companies.

Posted on April 28, 2017

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