What to do after a car accident — in the order that protects your claim
The first hour after a crash decides most of what the insurer will later pay. Here is what to do, what to record, and what not to say, in order.
The first ten minutes
Stop the car where it is safe, switch on the hazard lights, and check whether anyone is hurt before you look at the damage. If someone is injured, call emergency services first; everything else can wait, and a delay in calling for help is the one thing you cannot repair later.
If the vehicles can move and the law where you are allows it, move them out of traffic. Take one wide photo of the scene before you do, from far enough back to show the road, the lane markings and both vehicles where they came to rest. That photo is the closest thing to a witness you will have.
What to record
Photograph every panel of every vehicle, including the ones that look undamaged, then the licence plates, the other driver’s licence and insurance card, and the road: skid marks, debris, traffic signs and signals, weather and lighting. Take a short video walking around both cars. Note the time and, if there were witnesses, ask for a name and a phone number before they leave.
What not to say
Keep to the facts you observed: where you were, which direction you were travelling, what you saw. Do not estimate speeds, do not apologise, and do not agree with the other driver’s version of events. None of this is about being unfriendly. Fault is decided from evidence by people who were not there, and a sentence said in shock has ended more claims than any missing photo.
Reporting the accident
Call the police if anyone is hurt, if a vehicle cannot be driven, or if the other driver is uninsured, uncooperative or leaves. Many jurisdictions require a report above a damage threshold in any case. Then notify your own insurer the same day, even when you believe the other driver is at fault: most policies require prompt notice, and the insurer’s own deadlines start from your report.
Rules in your jurisdiction
Deadlines, fault rules and minimum coverage differ by state and country. Pick yours to see the rules that apply to this topic.
Select a jurisdiction to see its rules.
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Alaska’s shared-fault rule is one sentence long and contains no percentage and no bar of any kind: «In an action based on fault seeking to recover damages for injury or death to a person or harm to property, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for the injury attributable to the claimant’s contributory fault, but does not bar recovery» (§ 09.17.060, from § 1 ch 139 SLA 1986). «But does not bar recovery» is the whole rule, so a claimant ninety per cent to blame still recovers a tenth. The machinery is prescribed as well: the court «shall instruct the jury to answer special interrogatories» stating «the amount of damages each claimant would be entitled to recover if contributory fault is disregarded» and «the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible», with the trier of fact directed to weigh «both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed» (§ 09.17.080(a)–(b)). ALASKA HAS ABOLISHED JOINT LIABILITY, AND THAT IS THE CONSEQUENCE A CLAIMANT MUST PLAN FOR: «The court shall enter judgment against each party liable on the basis of several liability in accordance with that party’s percentage of fault» (§ 09.17.080(d)), so a claimant who sues one of two at-fault drivers collects that driver’s share and no more, and fault is allocated to settled and released persons too. The apportionment also runs on a statutory definition of fault that is wider than negligence: «“fault” includes acts or omissions that are in any measure negligent, reckless, or intentional … The term also includes breach of warranty, unreasonable assumption of risk not constituting an enforceable express consent, misuse of a product …, and unreasonable failure to avoid an injury or to mitigate damages» (§ 09.17.900) — so a claimant’s own conduct after the crash is apportionable, not merely their driving. |
| Deadline to sue for injury | 2 years from the accident [2] Two years, from the same sentence of the same section: «a person may not bring an action … (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise … unless the action is commenced within two years of the accrual of the cause of action» (§ 09.10.070(a)(2)). The section’s own catchline reads «Actions for torts, for injury to personal property, for certain statutory liabilities … to be brought in two years». As with the property clock, the trigger the statute names is ACCRUAL, not the date of the collision. |
| Deadline to sue your own insurer | 3 years from the accident [2] Three years on the policy, and Alaska INVERTS the usual pattern — the contract period is only one year longer than the tort clock, where in most states it is far longer: «Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040, or as otherwise provided by law, or, except if the provisions of this section are waived by contract» (§ 09.10.053). THE CLOSING WORDS ARE THE TRAP, AND THEY ARE THE REASON THIS FIGURE MUST NOT BE READ AS A FLOOR: the three years apply «except if the provisions of this section are waived by contract», so an Alaska policy’s own suit clause may shorten the period, and § 09.10.053 does not say by how much. Whether any Alaska statute fixes a minimum period for such a clause has not yet been verified against a primary text and is not stated here: §§ 21.42.160, 21.42.170 and 21.42.175 were read in full and contain no floor, but no full-text search of title 21 was possible, so the absence of a floor is NOT asserted. |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [3] TEN WORKING DAYS, AND ALASKA IS ONE OF THE FEW STATES WHOSE RULE SPELLS THE DUTY OUT IDENTICALLY FOR A THIRD-PARTY CLAIMANT: a person claiming against the other driver’s insurer has the same acknowledgement right as the policyholder. First party: «within 10 working days after receipt of notification of a claim, give written acknowledgement to the first-party claimant identifying the person handling the claim, including the person’s name, address, telephone number, the firm name, and the file number; payment of the claim within 10 working days after notification is satisfactory acknowledgement» (3 AAC 26.040(a)(1)). Third party: «within 10 working days after notification of the claim from a third-party claimant, give written acknowledgement to the third-party claimant» (§ 26.040(b)(1)), with the same duty owed to the insured at (b)(4). A further «15 working days after receipt» governs «an appropriate reply to all other communications» from a first-party claimant (§ 26.040(a)(2)). NOTE THE UNIT — WORKING days, as in Nebraska, Arkansas and West Virginia, not the plain days of Hawaii, Iowa or South Dakota. |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Fifteen WORKING days from proof of loss, with rolling forty-five-working-day status letters: an insurer «shall advise a first-party claimant in writing of the acceptance or denial of the claim within 15 working days after receipt of a properly executed statement of claim, proof of loss, or other acceptable evidence of loss unless another time limit is specified in the insurance policy … payment of the claim within this time limit constitutes written acceptance; a written denial of the claim must state the specific provisions, conditions, exclusions, and facts upon which the denial is based»; and where more time is needed, «written notification giving the reasons that more time is needed shall be given to the first-party claimant within the deadline. While the investigation remains incomplete, additional written notification shall be provided 45 working days from the initial notification, and no more than every 45 working days thereafter» (3 AAC 26.070(a)(1)). TWO QUALIFICATIONS BELONG WITH THE FIGURE. The fifteen days yield expressly to «another time limit … specified in the insurance policy», so the regulation is a DEFAULT, not a floor. And the duty is written for a FIRST-PARTY claimant; § 26.070(b) says something different about third parties, on which see the notes. |
| Insurer response deadlines — Pay | 30 days from the claim [3] Thirty WORKING days from proof of loss, and note precisely what it is a deadline to do: an insurer «shall, within 30 working days after receipt of a properly executed statement of claim, proof of loss, or other acceptable evidence of loss, pay those portions of the claim not in dispute» (3 AAC 26.070(a)(2)). A PARTIAL DISPUTE DOES NOT STOP THE CLOCK ON THE UNDISPUTED PART — that is the sentence a claimant facing a part-denied repair estimate needs. Separately, § 26.050(a) gives the insurer a THIRTY-WORKING-DAY INVESTIGATION PERIOD with an express due-diligence escape («shall complete the investigation within 30 working days, unless the investigation cannot reasonably be completed using due diligence»); that is not a decision deadline and is deliberately not published as one. |
| Regulator | Alaska Division of Insurance, Department of Commerce, Community, and Economic Development |
Verified as ofSeptember 11, 2026 · Car insurance claims in Alaska →
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence Where two or more people are at fault, «the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally», and nothing renders a person liable for loss «to which the person’s fault has not contributed» (Contributory Negligence Act, s. 1). Vehicle-damage recovery from your own insurer is instead scaled by the prescribed fault determination rules (Insurance Act, s. 585.1(4)). |
| Deadline to sue for injury | 2 years from when the damage became known [4] Two years from the day the claimant first knew, or ought to have known, that the injury had occurred, that it was attributable to the defendant’s conduct and that it warrants bringing a proceeding — or ten years after the claim arose, whichever expires first (Limitations Act, s. 3(1)). Note the Alberta drafting: the Act does not bar the claim, it entitles the defendant to «immunity from liability» on pleading it. |
| Insurer response deadlines — Pay | 60 days from the claim [1] A statutory condition deemed part of every policy, which «no variation or omission of or addition to» can make binding on the insured: the insurer «must pay the insurance money for which it is liable under the contract within 60 days after the proof of loss has been received by it or, where a dispute resolution process is conducted under Statutory Condition 4(9), within 15 days after the decision is rendered» (Insurance Act, s. 556, Statutory Condition 6(1)). |
| Regulator | Government of Alberta — automobile insurance |
Verified as ofSeptember 10, 2026 · Car insurance claims in Alberta →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Liability for damage caused by the circulation of vehicles is objective (strict) — Código Civil y Comercial arts. 1757 and 1769 — and «puede ser excluida o limitada por la incidencia del hecho del damnificado en la producción del daño» (art. 1729): the victim’s own act reduces, or in an extreme case excludes, the award. |
| Deadline to sue for injury | 3 years from the accident [1] |
| Deadline to sue your own insurer | 1 years from the claim [2] Actions founded on the insurance contract prescribe in one year from when the obligation became enforceable (Ley 17.418 art. 58); the steps of the loss-adjustment procedure interrupt it. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [2] The insurer must rule on the insured’s right within 30 days of receiving the supplementary information it requested; silence counts as acceptance (Ley 17.418 art. 56). The insured must notify the loss within three days of knowing of it (art. 46). |
| Insurer response deadlines — Pay | 15 days from the claim [2] In property insurance, payment within 15 days of the amount being fixed or the offered indemnity accepted, once the art. 56 period has run (art. 49). |
| Regulator | Superintendencia de Seguros de la Nación (SSN) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Argentina →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory negligence and assumption of risk reduce, never bar: «the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death». No percentage threshold appears anywhere in the section; the single exception is conduct rather than a figure, since there is no right to comparative negligence «in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death» (A.R.S. § 12-2505(A)). |
| Deadline to sue for injury | 2 years from the accident [2] Two years after the cause of action accrues «for injuries done to the person of another», and for injuries «when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured» (A.R.S. § 12-542(1)–(2)). |
| Deadline to sue your own insurer | 2 years from the accident [3] This is a floor on what the policy may impose, not a statutory limitation period: § 20-1115(A)(3) voids any clause «limiting the time within which an action may be brought to a period of less than two years from the time the cause of action accrues» for insurance other than property and marine and transportation, where the floor is one year, and § 20-1115(A)(2) voids any clause preventing suit more than six months after accrual. The operative deadline is whatever the policy says, no shorter than that floor. Section 12-548(A)(1) gives six years on «a contract in writing that is executed in this state», but the section speaks of an action for debt, and whether that framing reaches every first-party policy action has not been verified against a primary text and is not stated here. |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [4] Working days, not calendar days: «within 10 working days, acknowledge the receipt of the notice unless payment is made within the 10 working days», and notification to an agent of an insurer is notification to the insurer (A.A.C. R20-6-801(E)(1)). Supplying claim forms, instructions and reasonable assistance within the same 10 working days is compliance (E)(4). Every later communication from the claimant that reasonably suggests a response is expected carries its own 10 working days (E)(3). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [4] Working days after receipt of properly executed proofs of loss, owed as written to the first party claimant; a denial must be in writing and must name the policy provision, condition or exclusion relied on (A.A.C. R20-6-801(G)(1)(a)). If more time is needed the insurer must say so with reasons within the same 15 working days, then write again at 45 days and every 45 days thereafter — plain days in that clause (G)(1)(b). Investigation must be completed within 30 days of notification «unless the investigation cannot reasonably be completed within 30 days» (F). |
| Regulator | Arizona Department of Insurance and Financial Institutions (DIFI) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Arizona →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence In the actions that survive — vehicle damage, and the narrow injury exceptions — liability «is in proportion to the degree to which each person was at fault», is «apportioned equally» where it is not possible to establish different degrees, and never reaches loss to which a person’s fault did not contribute (Negligence Act, s. 1). The Act’s definitions include proceedings in the Civil Resolution Tribunal, where many vehicle-damage disputes are actually decided. |
| Deadline to sue your own insurer | 1 years from the accident [1] The most dangerous date in the province, and half the general period: an action «by an insured against the corporation in respect of benefits, insurance money or indemnification payable under the plan must be commenced within one year after the happening of the loss or damage or after the cause of action arose, or as the regulations may provide in the case of any coverage, but not afterwards» (Insurance (Vehicle) Act, s. 17). Do not read the Limitation Act’s two years into a claim against ICBC on the plan. The optional contract is different: its own statutory condition gives two years from the occurrence (Insurance (Vehicle) Regulation, Schedule, condition 8(3)). |
| Insurer response deadlines — Pay | 60 days from the claim [4] The insurer «must pay the insurance money for which it is liable under this contract within 60 days after the proof of loss or statutory declaration has been received by it» or, where an arbitration is conducted under s. 177 of the regulation, «within 15 days after the award is rendered» (Insurance (Vehicle) Regulation, Schedule, statutory condition 8(1)). The sixty days run from the proof of loss, not from the accident. |
| Regulator | BC Financial Services Authority (BCFSA) |
Verified as ofSeptember 10, 2026 · Car insurance claims in British Columbia →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified |
| Deadline to sue for injury | 2 years from the accident [1] |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [4] Calendar days from notice of claim. |
| Insurer response deadlines — Accept or deny | 40 days from the claim [5] Calendar days from proof of claim; the insurer may extend with written notice every 30 days. |
| Insurer response deadlines — Pay | 30 days from the claim [5] Calendar days after the claim is accepted. |
| Regulator | California Department of Insurance |
Verified as ofSeptember 10, 2026 · Car insurance claims in California →
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence «La apreciación del daño está sujeta a reducción, si el que lo ha sufrido se expuso a él imprudentemente» — the award is reduced where the victim imprudently exposed themselves to the harm (Código Civil art. 2330). |
| Deadline to sue for injury | 4 years from the accident [1] |
| Deadline to sue your own insurer | 4 years from the claim [2] Actions arising from the insurance contract prescribe in four years from when the obligation became enforceable; the period running against the insured is interrupted by the notice of loss and restarts when the insurer communicates its decision (Código de Comercio art. 541). |
| Insurer response deadlines — Pay | 10 days from the claim [3] SOAP indemnities are paid within 10 days of presenting the required documents (police certificate, medical certificates, etc.) — Ley 18.490 art. 30. Applies to the compulsory personal-accident cover, not to liability claims. |
| Regulator | Comisión para el Mercado Financiero (CMF) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Chile →
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence «La apreciación del daño está sujeta a reducción, si el que lo ha sufrido se expuso a él imprudentemente» — the award is reduced where the victim imprudently exposed themselves to the harm (Código Civil art. 2357); no threshold bars recovery. |
| Deadline to sue for injury | 3 years from the accident [1] Same three-year rule of art. 2358 for the civil action against third parties responsible. |
| Deadline to sue your own insurer | 2 years from when the damage became known [2] Ordinary prescription of insurance-contract actions: two years from when the interested party knew or should have known the fact giving rise to the action; extraordinary prescription five years from when the right arose, against everyone (Código de Comercio art. 1081). |
| Insurer response deadlines — Pay | 1 months from the claim [3] The insurer must pay within the month following the date the insured or beneficiary proves their right, even out of court (Código de Comercio art. 1080, as amended by Ley 510 de 1999); afterwards default interest runs at the current bank rate increased by half. |
| Regulator | Superintendencia Financiera de Colombia |
Verified as ofSeptember 10, 2026 · Car insurance claims in Colombia →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) Colorado bars at exactly half. Recovery survives only «if such negligence was not as great as the negligence of the person against whom recovery is sought», and where the claimant’s proportion «is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant» (C.R.S. § 13-21-111(1), (3)). A claimant found exactly 50 % responsible recovers nothing. |
| Deadline to sue for injury | 3 years from the accident [2] The same paragraph, the same three years, running «after the cause of action accrues» — the section fixes no accrual rule, and in a crash accrual and the collision normally coincide (C.R.S. § 13-80-101(1)(n)(I)). |
| Deadline to sue your own insurer | 3 years from the accident [2] Contract actions also run three years in Colorado (C.R.S. § 13-80-101(1)(a)), so the action on the policy is no longer than the action on the crash; § 13-80-103.5 carves out certain instruments and was not read, and the section fixes no accrual rule. Uninsured and underinsured motorist claims have their own section: three years from accrual, extendable to «two years after the insured knows that the particular tortfeasor is not covered by any applicable insurance» where the underlying action was brought in time, and «in no event shall the insured have less than three years» (§ 13-80-107.5(1)). |
| Insurer response deadlines — Accept or deny | 60 days from the claim [4] Plain days, and one obligation rather than two: insurers «shall make a decision on claims and/or pay benefits due under the policy within sixty (60) days after receipt of a valid and complete claim» unless there is a reasonable dispute (3 CCR 702-5, Regulation 5-1-14 § 4(A)(1)(a)). A claim is «valid and complete» only once eight conditions are met — all necessary documents received, the insurer’s own reasonable investigation complete, coverage established, repairs finished and authorised, valuations concluded, any litigation finally adjudicated — and «the insured shall have the burden of proving to the Commissioner of Insurance that he/she submitted a valid and complete claim» (§ 4(A)(2)(a), (5)). First-party claims only. |
| Insurer response deadlines — Pay | 60 days from the claim [4] The same sixty plain days and the same single duty as the decision clock — the regulation says «decision on claims and/or pay benefits» — so this is not a second period running after a decision. Miss it without a reasonable dispute and the Commissioner may order the insurer to pay the insured 8 % annual interest on the benefits due, plus a civil penalty of $100 a day (Regulation 5-1-14 § 4(A)(1)(b)–(c)). A separate and much shorter rule reaches the person hit by somebody else’s insured: payment «within three (3) business days» of written acceptance of the settlement offer once a transferable title has been received (Regulation 5-2-15 § 5(B)(3)). |
| Regulator | Colorado Division of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Colorado →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory negligence «shall not bar recovery … if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought», settled or released persons included, and damages «shall be diminished in the proportion of the percentage of negligence attributable to the person recovering» (Conn. Gen. Stat. § 52-572h(b)). The comparison is against everyone sued added together, not against any one defendant, and a claimant at exactly 50 % still recovers half. |
| Deadline to sue for injury | 2 years from when the damage became known [4] The same § 52-584, and it is the section to rely on: Connecticut’s general tort period is three years from the act (§ 52-577), but the compilation’s own cross-reference sends a negligence claim for injury to person or property to § 52-584’s two years. Publishing three would cost a claimant the case. |
| Deadline to sue your own insurer | 3 years from the accident [1] A statutory floor on the policy’s own clock, and it is longer than the claim against the other driver: no insurer «may limit the time within which any suit may be brought against it or any demand for arbitration on a claim may be made on the uninsured or underinsured motorist provisions of an automobile liability insurance policy to a period of less than three years from the date of accident» (§ 38a-336(g)(1)). The period can be tolled only by doing both of two things — written notice to the insurer before it expires, and suit or arbitration «not more than one hundred eighty days from the date of exhaustion» of the other driver’s limits. An action on the policy as a written contract runs six years from accrual (§ 52-576(a)); whether a Connecticut motor policy may contract for a shorter period on a claim other than uninsured or underinsured motorist benefits has not yet been verified against a primary text and is not stated here. |
| Regulator | Connecticut Insurance Department |
Verified as ofSeptember 11, 2026 · Car insurance claims in Connecticut →
| Fault system | Add-on no-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Delaware’s comparative statute is one sentence and the bar bites only ABOVE the defendant’s share: «In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff … where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff» (§ 8132, from 64 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1). «Not greater than» is the 51 % form, so A CRASH APPORTIONED FIFTY-FIFTY IN DELAWARE STILL RECOVERS HALF — the same shape as Iowa, West Virginia and Hawaii, and the opposite of Kansas and Nebraska, where an equal share recovers nothing. Note the denominator: the comparison is against «the combined negligence of all defendants against whom recovery is sought», not against each defendant separately, which changes the outcome in a multi-defendant crash and which no summary states. |
| Deadline to sue for injury | 2 years from the accident [2] Two years for bodily injury, and the accrual wording is unusually blunt: «No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title» (§ 8119, history «20 Del. Laws, c. 594, § 1; Code 1915, § 4675; Code 1935, § 5133; 10 Del. C. 1953, § 8118; 52 Del. Laws, c. 339, § 2; 57 Del. Laws, c. 568, § 3»). THE CLOCK RUNS FROM THE DATE THE INJURIES ARE CLAIMED TO HAVE BEEN SUSTAINED — not from discovery — so Period.from «accident» is right for Delaware injury claims in a way it is not for every state in this dataset. |
| Deadline to sue your own insurer | 3 years from the accident [2] Three years on the policy, as «an action based on a promise»: «No action to recover damages for trespass, … no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title» (§ 8106(a)). One year longer than either tort clock — the same inversion Alaska has. A FLOOR ON A POLICY SUIT CLAUSE EXISTS IN DELAWARE, BUT ITS REACH TO A MOTOR POLICY IS NOT ESTABLISHED AND IS NOT CLAIMED HERE: § 8106(b) provides that «a property insurance contract subject to subchapter III of Chapter 41 of Title 18: (1) May not require that an action for a claim made under the contract be filed less than 1 year from the date of the denial of the claim by the insurer», an unusually claimant-friendly anchor because it runs from the DENIAL rather than from the loss — but whether a private passenger motor policy is such a contract turns on a subchapter that was not read, and that has not yet been verified against a primary text and is not stated here. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] FIFTEEN WORKING DAYS, FROM THE REGULATION AND NOT FROM THE STATUTE: «Failing to acknowledge and respond within 15 working days, upon receipt by the insurer, to communications with respect to claims by insureds arising under insurance policies» is a prohibited unfair claim settlement practice (18 Del. Admin. Code 902, § 3.1.2), and § 3.1.3 adds «Failing to implement prompt investigation of claims arising under insurance policies within 10 working days upon receipt of the notice of loss by the insurer». TWO QUALIFICATIONS TRAVEL WITH THE FIGURE. The rule is worded for «claims by insureds», so it does not plainly reach a third-party claimant — unlike Alaska’s 3 AAC 26.040(b), which spells the same duty out for a third party. And the whole of § 3.1 bites only where the conduct is «committed or performed with such frequency as to indicate a general business practice», so a single overrun is not itself a violation. A SEPARATE AND NARROWER STATUTORY DUTY SITS BESIDE IT AND MUST NOT BE CONFLATED WITH IT: on a first-party injury-benefit claim «the insurer shall, no later than 10 days following the insurer’s receipt of said notification, provide that claimant with a form for filing such a claim», and a breach is priced at «1 percent of the amount due as of the date on which the claim was required to be provided for each day beyond the prescribed period for compliance, not to exceed $5,000» (tit. 21, § 2118B(b)). That ten days is a duty to SEND THE CLAIM FORM, not to acknowledge the claim, so it is recorded here rather than published as this field’s value. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [3] Thirty PLAIN days — note the change of unit inside one rule, as in Arkansas’s Rule 43 and West Virginia’s C.S.R. 114-14: «Failing to affirm or deny coverage or a claim or advise the person presenting the claim, in writing, or other proper legal manner, of the reason for the inability to do so, within 30 days after proof of loss statements have been received by the insurer» (18 Del. Admin. Code 902, § 3.1.5). The regulation says «30 days» where §§ 3.1.2 and 3.1.3 say «working days», and Regulation 1310 — the health-claims rule that 902 § 3.6 points at — is the instrument that defines «“Days” means calendar days», not this one. The SAME thirty days do the same job on the statutory side for a first-party injury-benefit claim, where the insurer must within thirty days «make payment of the amount of claimed benefits that are due to the claimant or, if said claim is wholly or partly denied, provide the claimant with a written explanation of the reasons for such denial» (tit. 21, § 2118B(c)). |
| Insurer response deadlines — Pay | 30 days from the claim [4] THIRTY DAYS, AND THE SCOPE IS THE WHOLE POINT: this is the FIRST-PARTY INJURY-BENEFIT clock of tit. 21, § 2118B(c), not a general payment deadline. «When an insurer receives a written request for payment of a claim for benefits pursuant to § 2118(a)(2) …, the insurer shall promptly process the claim and shall, no later than 30 days following the insurer’s receipt of said written request for first-party insurance benefits AND documentation that the treatment or expense is compensable …, make payment» — so the trigger is the request PLUS the documentation, not the crash and not the request alone. The late-payment rate then ESCALATES IN THREE STEPS, a structure found in no other state in this dataset and one that must never be averaged into a single rate: «(1) One and one-half percent from the thirty-first day through the sixtieth day; and (2) Two percent from the sixty-first day through the one hundred and twentieth day; and (3) Two and one-half percent after the one hundred and twenty-first day» a month. NO DELAWARE PAYMENT DEADLINE FOR A VEHICLE-DAMAGE CLAIM WAS READ: Regulation 902 contains no payment deadline at all, and whether any Delaware instrument fixes a time to pay a settled motor property-damage claim has not yet been verified against a primary text and is not stated here. |
| Regulator | Delaware Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Delaware →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified |
| Deadline to sue for injury | 6 months from the accident [1] Same six-month rule for the civil action against the responsible driver; time during which the action is legally impossible to bring is not counted. |
| Deadline to sue your own insurer | 2 years from the accident [2] Extinctive prescription from the date of the loss for any action against the insurer: two years for the insured or beneficiaries, three years for third parties (Ley 146-02 art. 47). |
| Regulator | Superintendencia de Seguros de la República Dominicana |
Verified as ofSeptember 10, 2026 · Car insurance claims in Dominican Republic →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory negligence: damages are reduced «to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage» (Law Reform (Contributory Negligence) Act 1945, s. 1(1)). |
| Deadline to sue for injury | 3 years from when the damage became known [2] Three years from the date the cause of action accrued or, if later, the injured person’s date of knowledge (Limitation Act 1980, s. 11(4)). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [5] Under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (claims up to £25,000), the defendant’s insurer must return the Claim Notification Form response within 15 days (para. 6.11). |
| Regulator | Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) |
Verified as ofSeptember 10, 2026 · Car insurance claims in England and Wales →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) In a negligence action «any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages»; below that, damages are reduced in proportion (Fla. Stat. § 768.81(2), (6), as amended by ch. 2023-15). |
| Deadline to sue for injury | 2 years from the accident [3] «(5) WITHIN TWO YEARS.— (a) An action founded on negligence.» (§ 95.11(5)(a), as amended by ch. 2023-15). |
| Deadline to sue your own insurer | 5 years from the accident [3] A legal or equitable action on a contract founded on a written instrument: five years (§ 95.11(2)(b)). |
| Insurer response deadlines — Pay | 30 days from the claim [2] Personal injury protection benefits are overdue if not paid within 30 days after the insurer is furnished written notice of the covered loss and its amount (§ 627.736(4)(b)). An agreed written settlement must be paid within 20 days, after which it bears 12 % interest (§ 627.4265). |
| Regulator | Florida Office of Insurance Regulation (regulation) · Department of Financial Services, Division of Consumer Services (complaints) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Florida →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Past the tort threshold, shared fault is handled by a 1969 statute that has not been amended since 1976: «Contributory negligence shall not bar recovery in any action by any person … to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made» (§ 663-31(a)). «Not greater than» is the 51 % form, so a crash apportioned fifty-fifty still recovers half, and the comparison is against the AGGREGATE negligence of everyone sued rather than against each defendant. The mechanics are prescribed as well as the rule: in a jury trial the jury «shall return a special verdict» stating the damages that would have been recoverable absent contributory negligence and «the degree of negligence of each party, expressed as a percentage»; the court then reduces the award proportionally, and enters judgment for the defendant where the claimant’s proportion is greater than the aggregate negligence of those sued (§ 663-31(b)–(c)). «The court shall instruct the jury regarding the law of comparative negligence where appropriate» (§ 663-31(d)). |
| Deadline to sue for injury | 2 years from the accident [2] The same «later of» rule of § 431:10C-315(b) governs the injury claim, and it is on the injury side that it bites hardest: two years after the accident, OR two years after the last payment of motor-vehicle insurance or optional additional benefits, OR two years after the last payment of workers’ compensation or public assistance benefits arising from the accident — whichever is latest. Hawaii’s tort action is in any event only available past the § 431:10C-306(b) threshold. The general two-year rule of § 657-7 runs «after the cause of action accrued» and supplies the length rather than the trigger. |
| Deadline to sue your own insurer | 2 years from the accident [2] Two years on a FIVE-LIMBED «later of», and it is the most claimant-friendly first-party limitation structure in this dataset: «No suit shall be brought on any contract providing motor vehicle insurance benefits or any contract providing optional additional coverage more than the later of: (1) Two years from the date of the motor vehicle accident upon which the claim is based; (2) Two years after the last payment of motor vehicle insurance benefits; (3) Two years after the entry of a final order in arbitration; (4) Two years after the entry of a final judgment in, or dismissal with prejudice of, a tort action arising out of a motor vehicle accident, where a cause of action for insurer bad faith arises out of the tort action; or (5) Two years after payment of liability coverage, for underinsured motorist claims» (§ 431:10C-315(a)). The fifth limb is the one a reader needs: a Hawaii underinsured-motorist claim’s clock starts when the at-fault driver’s insurer pays, not when the crash happened. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [3] Thirty plain days, and the same thirty days close off the «we need more information» escape: «If the insurer elects to deny a claim for benefits in whole or in part, the insurer shall, within thirty days, notify the claimant in writing of the denial and the reasons for the denial», the notice «prepared and mailed by the insurer in triplicate copies and … in a format approved by the commissioner»; and «If the insurer cannot pay or deny the claim for benefits because additional information or loss documentation is needed, the insurer shall, within the thirty days, forward to the claimant an itemized list of all the required documents» (§ 431:10C-304(3)(B)–(C)). So an insurer cannot stop the clock by saying more information is needed without saying exactly what. These are the PIP clocks; Hawaii has no evidenced acknowledgement deadline — see the notes. |
| Insurer response deadlines — Pay | 30 days from the claim [3] Thirty plain days, and the trigger has two parts: «Payment of personal injury protection benefits shall be made within thirty days after the insurer has received reasonable proof of the fact and amount of benefits accrued, and demand for payment thereof» (§ 431:10C-304(3)(A)) — proof AND a demand, with all providers required to describe the service in conformity with the applicable fee-schedule codes. «Amounts of benefits that are unpaid thirty days after the insurer has received reasonable proof … shall bear interest at the rate of one and one-half per cent per month» (§ 431:10C-304(4)) — eighteen percent a year, on the same footing as the rate New Mexico reaches by a different route. Payment goes to the PROVIDER of services rather than to the injured person (§ 431:10C-304(1)). |
| Regulator | Hawaii Insurance Division, Department of Commerce and Consumer Affairs |
Verified as ofSeptember 11, 2026 · Car insurance claims in Hawaii →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) Idaho’s bar bites at equality, not above it: «Contributory negligence or comparative responsibility shall not bar recovery in an action by any person … to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was NOT AS GREAT AS the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering» (§ 6-801). «Not as great as» is the 50 % form in this dataset’s convention, so A CRASH APPORTIONED FIFTY-FIFTY IN IDAHO RECOVERS NOTHING. BUT THE PERCENTAGE ALONE IS MISLEADING, AND § 6-803(3) IS THE SENTENCE A SUMMARY ALWAYS DROPS. Note first that § 6-801 compares the claimant against «the person against whom recovery is sought», singular. Section 6-803(3) then says how that is done: «The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared INDIVIDUALLY to the negligence or comparative responsibility of the person recovering», and judgment against each is «in an amount equal to each party’s proportionate share». So a claimant 30 % at fault against two defendants at 35 % each recovers from both, while A CLAIMANT 40 % AT FAULT AGAINST TWO DEFENDANTS AT 30 % EACH RECOVERS FROM NEITHER — even though the defendants together were more at fault than the claimant. Joint and several liability survives only «where they were acting in concert or when a person was acting as an agent or servant of another party», and «acting in concert» means «pursuing a common plan or design which results in the commission of an intentional or reckless tortious act» (§ 6-803(5)). The apportioning special verdict is discretionary for the court but mandatory once asked for: the court «may, and when requested by any party shall, direct the jury to find separate special verdicts», and the reduction is then the court’s arithmetic duty rather than the jury’s (§ 6-802) — a softer rule than Hawaii’s § 663-31(b), which requires the special verdict outright. |
| Deadline to sue for injury | 2 years from the accident [2] Two years, and THE ACCRUAL SENTENCE IS THE OPERATIVE ONE FOR A CRASH VICTIM: «Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries. Within two (2) years: … 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another … but in all other actions, whether arising from professional malpractice or otherwise, THE CAUSE OF ACTION SHALL BE DEEMED TO HAVE ACCRUED AS OF THE TIME OF THE OCCURRENCE, ACT OR OMISSION COMPLAINED OF, AND THE LIMITATION PERIOD SHALL NOT BE EXTENDED BY REASON OF ANY CONTINUING CONSEQUENCES OR DAMAGES RESULTING THEREFROM» (§ 5-219(4)). Idaho says this in terms rather than leaving it to case law, so the clock runs from the crash and a worsening injury does not restart it. NO DISCOVERY RULE IS PUBLISHED FOR IDAHO BODILY INJURY: the discovery exceptions in the same paragraph are confined to a retained foreign object and to fraudulent concealment by a wrongdoer in a professional or commercial relationship, and neither reaches an ordinary collision. Note too the contrast with Vermont, whose § 512(4) attaches its three years to «the date of the discovery of the injury» on the face of the statute — the two states differ on the trigger as well as the length. |
| Deadline to sue your own insurer | 5 years from the accident [4] Five years to sue on the policy, which is an instrument in writing: «Action on written contract. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing» (§ 5-216). TWO CAVEATS TRAVEL WITH THE FIGURE RATHER THAN BEING CONCEALED. No Idaho statute read for this row fixes a shorter period for a first-party motor claim, and THE POLICY’S OWN SUIT-LIMITATION CONDITION WAS NOT EXAMINED, so a contractual clause may cut this down. And § 41-1839 is not an answer to the question: it supplies a thirty-day payment clock with a fee-shifting consequence, not a limitation period. |
| Insurer response deadlines — Pay | 30 days from the claim [5] THIRTY DAYS FROM PROOF OF LOSS — AND SIXTY WHERE THE PROOF OF LOSS PERTAINS TO UNINSURED OR UNDERINSURED MOTORIST BENEFITS, TWO CLOCKS IN ONE SENTENCE: «Any insurer … that fails to pay a person entitled thereto within thirty (30) days after proof of loss has been furnished as provided in such policy … or to pay to the person entitled thereto within sixty (60) days if the proof of loss pertains to uninsured motorist or underinsured motorist coverage benefits, the amount that person is justly due … shall in any action thereafter commenced against the insurer in any court in this state, OR IN ANY ARBITRATION for recovery under the terms of the policy, pay such further amount as the court shall adjudge reasonable as attorney’s fees» (§ 41-1839(1)). The sixty-day UM/UIM variant is found in no other jurisdiction in this dataset and is exactly the clock an Idaho claimant needs; the days are plain and unqualified in both limbs, so calendar days on the face of it. THE CONSEQUENCE IS FEE-SHIFTING, NOT INTEREST — contrast Hawaii’s 1.5 % a month and Maine’s combination of both — and it reaches an arbitration as well as a court action. STATE THE DEADLINE AND ITS TWO LIMITS TOGETHER OR NEITHER: an insurer that alleges «a tender of the full amount justly due was made» and then deposits that amount «in the court» owes no fees if the allegation is found true, or if it is determined that no amount is justly due; and § 41-1839 with § 12-123 is «the EXCLUSIVE remedy for the award of statutory attorney’s fees in all actions or arbitrations between insureds and insurers», with the general commercial fee statute § 12-120 expressly switched off (§ 41-1839(2), (4)). |
| Regulator | Idaho Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Idaho →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) The plaintiff is barred «if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause»; otherwise damages are «diminished in the proportion to the amount of fault attributable to the plaintiff» (735 ILCS 5/2-1116). |
| Deadline to sue for injury | 2 years from the accident [1] «Actions for damages for an injury to the person … shall be commenced within 2 years next after the cause of action accrued» (735 ILCS 5/13-202). |
| Insurer response deadlines — Pay | 30 days from the claim [3] Payment within 30 days after the company affirms liability, where the amount is determined and not in dispute; a written explanation of a denial or lower offer within 30 days (50 Ill. Adm. Code 919.50(a)). Illinois sets no fixed day count to acknowledge or decide — the standard is «a reasonable time»; a first-party physical-damage claim unresolved 40 calendar days after report earns a written explanation (919.80(b)(2)). |
| Regulator | Illinois Department of Insurance |
Verified as ofSeptember 10, 2026 · Car insurance claims in Illinois →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory fault «diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery except as provided in section 6», and section 6 bars the claim where the claimant’s fault «is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages» (Ind. Code §§ 34-51-2-5, 34-51-2-6). The jury instruction puts it in figures — above 50 % the claim fails, at exactly 50 % the claimant recovers half (§ 34-51-2-8(b)(2)–(3)) — and the comparison includes nonparties, so a share allocated to somebody who was never sued still counts against the claimant. |
| Deadline to sue for injury | 2 years from the accident [2] The same § 34-11-2-4(a), and only its subsection (a): subsections (b) to (d) are a child-sexual-abuse extension and have nothing to do with a motor claim. |
| Insurer response deadlines — Accept or deny | 20 days from the claim [3] Business days, and this clock is one the claimant starts: it runs from the insurer’s receipt of a written complaint that the commissioner has forwarded, not from the claim or the proof of loss. A claimant who believes an unfair claim settlement practice has been committed may complain to the commissioner, who has ten business days to deliver the complaint to the insurer and write back; the insurer then has twenty business days to give the commissioner and the complainant a written report with «the specific reasons for actions taken», the specific reasons for any inaction, and, if the claim is unsettled, «a good faith estimate of the time required for settlement» (Ind. Code § 27-4-1-5.6(c)–(d)). The Department states the same figure on its own complaint page. Indiana fixes no general acknowledgement, investigation, decision or payment period. |
| Regulator | Indiana Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Indiana →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Reduction, not a bar, until the claimant carries more than everyone else put together: «Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants, third-party defendants and persons who have been released pursuant to section 668.7, but any damages allowed shall be diminished in proportion to the amount of fault attributable to the claimant» (§ 668.3(1)(a)). «Greater than» is the 51 % form, so a driver exactly half to blame still recovers half — the opposite of Kansas and Nebraska next door. The comparison is against the combined fault of all the defendants and released parties, not against each of them separately. A consortium claim is measured differently again: it is barred by the fault of the injured person, not of the family member bringing it (§ 668.3(1)(b)). Do not confuse either rule with § 668.4, which is a separate fifty-percent rule about joint and several liability among defendants. |
| Deadline to sue for injury | 2 years from the accident [2] Two years from accrual for «those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty» (§ 614.1(2)). Read the words «whether based on contract or tort»: recasting an injury claim as a contract claim does not buy the ten years of § 614.1(5)(a). This is the shortest of Iowa’s three periods and the one that governs the claim most readers are making. |
| Deadline to sue your own insurer | 10 years from the accident [2] Ten years for actions «founded on written contracts» (§ 614.1(5)(a)) — the policy itself. Two cautions travel with it. The policy may contract for a shorter suit-against-us period, and whether any Iowa statute sets a floor on how short that clause may be has not yet been verified against a primary text and is not stated here. And § 614.1(2) reaches an injury claim «whether based on contract or tort», so the ten years is a contract period and not a way round the two. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] Plain, unqualified days — chapter 191—15 defines no «day» and uses «business day» only in its annuity divisions. «Upon receiving notification of a claim, an insurer shall, within 15 days, acknowledge the receipt of such notice unless payment is made within that period of time» (r. 191—15.42(1)), and the rule states in its own words that «insurer» means property and casualty insurers, so it reaches a motor claim. A second, continuing fifteen-day duty runs for the life of the claim: a reply is owed within fifteen days to every pertinent communication that reasonably suggests a response is expected (r. 191—15.42(3)). |
| Insurer response deadlines — Accept or deny | 30 days from the claim [3] Thirty plain days from properly executed proofs of loss, and the duty is first-party by its own words: «Within 30 days after receipt by the insurer of properly executed proofs of loss, the first-party property claimant shall be advised of the acceptance or denial of the claim by the insurer», with any denial in writing citing the provision, condition or exclusion relied on (r. 191—15.41(2)). An extension is not open-ended: written reasons are owed within thirty days and again every forty-five days after (r. 191—15.41(3)). A third-party claimant’s equivalent is worded «within a reasonable time» and fixes no day count, so none is published for it. |
| Insurer response deadlines — Pay | 30 days from the claim [3] Thirty plain days from affirmation of liability, not from notice: «The insurer shall affirm or deny liability on claims within a reasonable time and shall tender payment within 30 days of affirmation of liability, if the amount of the claim is determined and not in dispute» (r. 191—15.41(6)). The affirm-or-deny half of the same subrule fixes no day count at all and must not be read as thirty days. Where several coverages are involved, an undisputed portion under one of them should be tendered within thirty days if paying it would end the insurer’s known liability under that coverage. |
| Regulator | Iowa Insurance Division |
Verified as ofSeptember 11, 2026 · Car insurance claims in Iowa →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) Kansas is one of the strict states, and the wording is what makes it strict: «The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party» (§ 60-258a(a)). «Less than» is the 50 % form: A CRASH APPORTIONED EXACTLY FIFTY-FIFTY RECOVERS NOTHING IN KANSAS — the opposite of Iowa, which sits on the other side of the same round with a «greater than» bar. In a wrongful-death claim the decedent’s own negligence is imputed to the person claiming. Joint and several liability does not survive a comparative-negligence case: «each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party’s causal negligence bears to the amount of the causal negligence attributed to all parties» (§ 60-258a(d)). |
| Deadline to sue for injury | 2 years from when the damage became known [2] Two years under the residual limb of the same section — «an action for injury to the rights of another, not arising on contract, and not herein enumerated» (§ 60-513(a)(4)) — on the same substantial-injury accrual rule and the same ten-year statute of repose (§ 60-513(b)). A far shorter clock than either of these governs the no-fault side of a Kansas claim, and it is easy to miss: «No claim for personal injury protection benefits may be made after two (2) years from the date of the injury» (§ 40-3110(a)). The Revisor’s own annotation to that section records it as a claim-submission deadline rather than a limitation on suit, citing Patterson v. Allstate Ins. Co., 31 Kan. App. 2d 919, 75 P.3d 763 (2003); the annotation was read, the opinion was not, so the distinction is attributed to the annotation and not stated as settled. |
| Deadline to sue your own insurer | 5 years from the accident [2] Five years on «an action upon any agreement, contract or promise in writing» (§ 60-511(1)) — the policy itself. It does not rescue a PIP claim: the two-year claim deadline of § 40-3110(a) bites first and on its own terms, whatever the policy’s contract period. Whether any Kansas statute sets a floor on how short a motor policy’s own suit-against-us clause may be has not yet been verified against a primary text and is not stated here. |
| Insurer response deadlines — Pay | 30 days from the claim [3] Thirty plain days, and this is the PIP clock rather than a general payment duty: «Personal injury protection benefits payable under this act shall be overdue if not paid within thirty (30) days after the insurer or self-insurer is furnished written notice of the fact of a covered loss and of the amount of same, except that disability benefits payable under this act shall be paid not less than every two (2) weeks after such notice» (§ 40-3110(b)). Each part of a claim becomes overdue thirty days after the written notice supporting it. «All overdue payments shall bear simple interest at the rate of eighteen percent (18%) per annum.» The escape is stated in the same subsection: nothing is overdue where the insurer «has reasonable proof to establish that it is not responsible for the payment», even though written notice was furnished. Kansas has NO evidenced acknowledgement or affirm-or-deny deadline — see the notes. |
| Regulator | Kansas Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Kansas →
| Fault system | Choice no-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence KRS 411.182 apportions fault into «each party’s equitable share of the obligation to each claimant in accordance with the respective percentages of fault», weighing both the nature of each party’s conduct and the extent of the causal relation between that conduct and the damages. Subsections (1) to (4) were read end to end and contain no percentage threshold, no bar and no «greater than fifty percent» clause, so nothing defeats a claimant at any percentage. |
| Deadline to sue for injury | 2 years from the accident [4] The trigger is unusual and no generic description of it is safe: two years «after the injury, or the death, or the date of issuance of the last basic or added reparation payment made by any reparation obligor, whichever later occurs» (KRS 304.39-230(6)). A claimant drawing reparation benefits for eighteen months therefore has a clock that starts at the last payment, not at the collision. A 2017 amendment added that a reissued «replacement payment» does not extend the date, and that a claimant may ask the obligor in writing whether a payment was one. Cite this section and not KRS 413.140, whose general personal-injury period is one year and does not govern a motor claim. |
| Deadline to sue your own insurer | 2 years from when the damage became known [4] Where no reparation benefits have been paid: two years after the injured person suffers the loss and knows, or in the exercise of reasonable diligence should know, that it was caused by the accident — «or not later than four (4) years after the accident, whichever is earlier», so the discovery rule is capped by an absolute four-year bar. Where benefits have been paid, the period is two years from the last payment (KRS 304.39-230(1)). Survivor’s benefits are shorter still: one year after the death or four years after the accident, whichever is earlier (KRS 304.39-230(2)). Legal disability does not toll any of these — the statute expressly counts the period of disability inside the limit (KRS 304.39-230(5)). The general written-contract period for a modern Kentucky policy is ten years under KRS 413.160, but KRS 304.39-230(1) displaces it for reparation benefits. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [6] Business days, and the regulation sets the unit once by definition rather than per subsection: «Days» means «any day, Monday through Friday, except holidays» (806 KAR 12:095 § 1(5)). So the fifteen days in which an insurer must acknowledge receipt of a claim notice, unless it pays within that period, reach about three calendar weeks (§ 5(1)). Notice given to an agent of the insurer is notice to the insurer, and supplying necessary claim forms, instructions and reasonable assistance inside the same fifteen days is compliance (§ 5(4)). Every later pertinent communication that reasonably suggests a response is expected carries its own fifteen days (§ 5(3)). |
| Insurer response deadlines — Accept or deny | 30 days from the claim [6] Calendar days, expressly — this subsection overrides the regulation’s business-day default in its own words. The duty is to «offer any payment due within thirty (30) calendar days of receipt of proof of loss», which is a decision-and-offer duty rather than a bare affirm-or-deny, and on a multi-coverage claim the payments not in dispute must be tendered inside the same thirty calendar days (806 KAR 12:095 § 6(1)(a)). If more time is needed the insurer must say so within thirty calendar days and then write again at forty-five calendar days and every forty-five thereafter (§ 6(1)(c)–(d)). Where there is a supported basis to suspect the claimant caused the loss fraudulently, the day count is displaced rather than extended: the duty becomes acceptance or denial «within a reasonable time for full investigation» (§ 6(1)(b)). The affirm-or-deny duty of § 6(5) itself carries no day count at all — only «a reasonable time». |
| Insurer response deadlines — Pay | 30 days from the claim [2] Statutory rather than regulatory, and the days are unqualified in the statute, so they read as calendar days: reparation benefits are payable monthly as loss accrues and are «overdue if not paid within thirty (30) days after the reparation obligor receives reasonable proof of the fact and amount of loss realized» (KRS 304.39-210(1)(a)–(c)). The same paragraph allows a lawful alternative that can push a payment past day thirty: accumulating claims for periods not exceeding thirty-one days and paying within fifteen days after the period of accumulation. A proved fragment of a claim totalling $100 or more is overdue on its own (KRS 304.39-210(1)(e)), and overdue payments bear interest at twelve percent a year, or eighteen percent «if delay was without reasonable foundation» (KRS 304.39-210(2)). The regulation adds its own payment clock at 806 KAR 12:095 § 6(5), and the unit switches inside one sentence there — thirty business days from affirmation of liability, then thirty calendar days for undisputed multi-coverage payments. |
| Regulator | Kentucky Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Kentucky →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) From 1 January 2026 a claimant whose own negligence is «equal to or greater than fifty-one percent» recovers nothing, and below that the award is reduced in proportion (C.C. art. 2323(A)(2)(a)–(b), as amended by Acts 2025, No. 15, eff. 1 Jan. 2026). The bar sits at 51 %, not at «greater than 50 %»: a claimant exactly 51 % at fault recovers nothing, one at 50.9 % recovers 49.1 %. Louisiana was a pure comparative-fault state from 1979 until 31 December 2025, and the act’s own title says it is passed «to establish a modified comparative fault system». Whether the 51 % bar reaches accidents before 1 January 2026 has not yet been verified against a primary text and is not stated here — the act fixes an effective date and says nothing else. |
| Deadline to sue for injury | 2 years from the accident [4] The same article and the same limit: two years from the day injury or damage is sustained (C.C. art. 3493.1), and the same prospectivity rule — the two years apply only to crashes on or after 1 July 2024, because Acts 2024, No. 423, § 3 gives the act «prospective application only». Louisiana’s famous one-year delictual prescription is gone: art. 3492 now reads «Repealed by Acts 2024, No. 423, §2, eff. July 1, 2024», and art. 3493 was repealed by the same section. Any page still saying one year is describing pre-July-2024 law. |
| Deadline to sue your own insurer | 10 years from the accident [4] An action on the policy is a personal action, so the residual ten-year prescription of C.C. art. 3499 applies «unless otherwise provided by legislation». That is the ceiling, not the operative deadline: the policy’s own suit clause is what usually bites, and La. R.S. 22:868(B) only sets a floor on it — no less than twenty-four months from the inception of the loss for a first-party claim in the classes of insurance it enumerates by cross-reference to R.S. 22:47, and no less than one year from accrual for all other insurance, with any shorter condition void. Those enumerated classes were not read, so which floor reaches a private passenger auto policy has not yet been verified against a primary text and is not stated here. Filing against the driver protects the insurers too: R.S. 22:1269(B)(3) makes that filing interrupt prescription as to every insurer covering the claim. |
| Insurer response deadlines — Acknowledge the claim | 14 days from the claim [5] This is a duty to START ADJUSTING, not a duty to acknowledge a letter, and it is labelled that way deliberately: «Except in the case of catastrophic loss, the insurer shall initiate loss adjustment of a property damage claim and of a claim for reasonable medical expenses within fourteen days after notification of loss by the claimant» — thirty days where the loss is catastrophic (La. R.S. 22:1892(A)(3)). Failure exposes the insurer to a penalty of the greater of five thousand dollars or the amount under subsection (I). Louisiana has no acknowledgement deadline of the usual shape, and whether any Insurance Department regulation adds one has not yet been verified against a primary text. |
| Insurer response deadlines — Pay | 30 days from the claim [5] Plain days, not business days, and there are two different triggers in adjacent paragraphs which this page does not merge. A first-party claim must be paid «within thirty days after receipt of satisfactory proofs of loss from the insured or any party in interest» (La. R.S. 22:1892(A)(1)). A third-party property damage claim or reasonable medical expenses claim must be paid «within thirty days after written agreement of settlement» (A)(2) — so the third-party clock starts at the written settlement, not at the crash and not at proofs of loss. A missed deadline is not automatically a penalty: subsection (B)(1)(a) awards fifty percent of the amount due, or one thousand dollars, whichever is greater, plus reasonable attorney fees and costs, only where the failure «is found to be arbitrary, capricious, or without probable cause», and a claim for those penalties itself prescribes in two years. |
| Regulator | Louisiana Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Louisiana →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) MAINE’S SHARED-FAULT RULE IS UNLIKE ANY OTHER IN THIS DATASET AND MUST NOT BE FLATTENED INTO A PERCENTAGE — THE LABEL «modified-50» CARRIES THE BAR AND NOTHING ELSE, BECAUSE THE STATUTE PROMISES NO PROPORTIONAL ARITHMETIC AT ALL. «When any person suffers death or damage as a result partly of that person’s own fault and partly of the fault of any other person or persons, a claim in respect of that death or damage MAY NOT BE DEFEATED BY REASON OF THE FAULT OF THE PERSON SUFFERING THE DAMAGE, BUT THE DAMAGES RECOVERABLE IN RESPECT THEREOF MUST BE REDUCED TO SUCH EXTENT AS THE JURY THINKS JUST AND EQUITABLE HAVING REGARD TO THE CLAIMANT’S SHARE IN THE RESPONSIBILITY FOR THE DAMAGE. … the court shall instruct the jury to find and record the total damages that would have been recoverable if the claimant had not been at fault, AND FURTHER INSTRUCT THE JURY TO REDUCE THE TOTAL DAMAGES BY DOLLARS AND CENTS, AND NOT BY PERCENTAGE, to the extent considered just and equitable …, and instruct the jury to return both amounts WITH THE KNOWLEDGE THAT THE LESSER FIGURE IS THE FINAL VERDICT in the case. … “Fault” means negligence, breach of statutory duty or other act or omission that gives rise to a liability in tort … IF SUCH CLAIMANT IS FOUND BY THE JURY TO BE EQUALLY AT FAULT, THE CLAIMANT MAY NOT RECOVER» (14 M.R.S. § 156). So TWO THINGS ARE TRUE AT ONCE AND BOTH MATTER. The bar is at equality — a claimant found EQUALLY at fault recovers nothing, so a fifty-fifty crash in Maine recovers nothing, the same outcome as Idaho, Kansas, Nebraska and North Dakota. But between zero and equal fault the reduction is whatever the jury thinks just and equitable, expressed IN DOLLARS AND CENTS AND EXPRESSLY NOT AS A PERCENTAGE, with the jury returning the gross figure and the reduced figure and the lesser one entering as the verdict. A READER TOLD «MAINE IS MODIFIED COMPARATIVE AT 50 %» WILL EXPECT A CLAIMANT 30 % AT FAULT TO LOSE EXACTLY 30 %, AND MAINE’S STATUTE DOES NOT PROMISE THAT. The multi-defendant rule points the opposite way from Idaho’s: «In a case involving multiparty defendants, EACH DEFENDANT IS JOINTLY AND SEVERALLY LIABLE TO THE PLAINTIFF FOR THE FULL AMOUNT OF THE PLAINTIFF’S DAMAGES. However, any defendant has the right through the use of special interrogatories to request of the jury the percentage of fault contributed by each defendant.» So Maine keeps joint and several liability in full — a solvent defendant can be made to pay everything — and percentages between defendants are found only if a defendant asks for them, where Idaho’s § 6-803(3) abolishes joint liability outside concert and agency. The price is the settlement machinery: releasing one defendant under an agreement that precludes collecting its share entitles it to be «dismissed with prejudice», bars contribution claims against it, and leaves the remaining parties to conduct discovery and invoke the evidentiary rules «as if the released and dismissed defendant were still a party» (§ 156(1)–(2)). |
| Deadline to sue for injury | 6 years from the accident [2] The SAME six years of 14 M.R.S. § 752, published separately only because the field requires it: one sentence covers the bodily-injury claim, the vehicle-damage claim and the action on the policy, all running «after the cause of action accrues». Maine names no «personal injury» period of its own, which is why the injury claim arrives through the general civil-actions rule rather than through a section that mentions injuries. THE SAME «EXCEPT AS OTHERWISE SPECIALLY PROVIDED» SAVING APPLIES AND WAS NOT CLOSED, so the six years must never be described as though nothing in Maine law could shorten them. |
| Deadline to sue your own insurer | 6 years from the accident [2] The same six years again: the action on the policy is a civil action under 14 M.R.S. § 752, and no shorter first-party period was found in anything read for this row. THE POLICY’S OWN SUIT-LIMITATION CONDITION WAS NOT EXAMINED. Note what Maine gives the insured instead of a shorter clock — a statutory first-party cause of action against their own insurer under 24-A M.R.S. § 2436-A, carrying damages, costs, reasonable attorney’s fees and interest at 1.5 % a month, whose own limitation period was not separately fixed by anything read here. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [3] THIRTY DAYS TO DISPUTE OR PAY, AND THE SAME SENTENCE DOES BOTH JOBS: «A claim for payment of benefits under a policy or certificate of insurance delivered or issued for delivery in this State is payable within 30 days after proof of loss is received by the insurer AND ascertainment of the loss is made either by written agreement between the insurer and the insured or beneficiary or by filing with the insured or beneficiary of an award by arbitrators as provided for in the policy. … A CLAIM THAT IS NEITHER DISPUTED NOR PAID WITHIN 30 DAYS IS OVERDUE. If, during the 30 days, the insurer, IN WRITING, notifies the insured or beneficiary that reasonable additional information is required, the undisputed claim is not overdue until 30 days following receipt by the insurer of the additional required information» (24-A M.R.S. § 2436(1)). THE TRIGGER IS TWO EVENTS, NOT ONE — proof of loss AND ascertainment of the loss — so the clock does not start on the notice of claim. The restart on additional information happens ONLY IF THE INSURER ASKED IN WRITING within the original thirty days; an oral request does not stop it. The fire and life exceptions in the same subsection are quoted so nobody imports them: a standard fire policy gets 60 days and individual life insurance 2 months, and NEITHER REACHES A MOTOR CLAIM. AND THE UNIT IS SETTLED BY THE LEGISLATURE’S OWN DRAFTING rather than by inference: subsection (1-A) says «30 CALENDAR days» where several carriers may be liable, so the plain «30 days» of subsection (1) are calendar days too and are expressly NOT working days. |
| Insurer response deadlines — Pay | 30 days from the claim [3] The SAME thirty days of § 2436(1): the claim «is payable within 30 days» and one that is «neither disputed nor paid within 30 days is overdue», so the decision and the payment share a single deadline rather than running consecutively as they do in Iowa, Kansas, Nebraska and West Virginia. Where more than one carrier may be liable the point is put beyond doubt: a claimant «may submit simultaneously a claim for payment with all carriers potentially liable», and «PAYMENT OR DENIAL of a claim by each carrier must be made within 30 CALENDAR days after the carrier has received all information needed to pay or deny the claim WHETHER OR NOT ANOTHER CARRIER with which it is attempting to coordinate has acted on the claim» (§ 2436(1-A), amended by PL 2025, c. 300) — so a Maine carrier may not wait on a co-ordinating carrier. MAINE STACKS BOTH CONSEQUENCES THAT OTHER STATES USE SINGLY: «the amount of the overdue claim or part of the claim bears interest at the rate of 1 1/2% per month after the due date», the same rate as Hawaii; AND «a reasonable attorney’s fee for advising and representing a claimant on an overdue claim … must be paid by the insurer if overdue benefits are recovered in an action against the insurer OR IF OVERDUE BENEFITS ARE PAID AFTER RECEIPT OF NOTICE OF THE ATTORNEY’S REPRESENTATION» (§ 2436(3)–(4)). That second limb is the practically useful one and appears on no other row in this dataset: the fee is owed even where the insurer simply pays up once it learns a lawyer is involved, with no judgment at all. |
| Regulator | Maine Bureau of Insurance, Department of Professional and Financial Regulation |
Verified as ofSeptember 11, 2026 · Car insurance claims in Maine →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory negligence «is not a bar to the recovery of damages», and where the plaintiff’s negligence contributed «the court shall apportion the damages in proportion to the degree of negligence found against the plaintiff and defendant respectively» (Tortfeasors and Contributory Negligence Act, s. 4); where apportionment is not practicable the parties «shall be deemed equally negligent» (s. 6). Because injury actions are abolished, the rule does its work on property damage. |
| Deadline to sue for injury | 2 years from the accident [1] This is a claim deadline, not a limitation period for a lawsuit: there is no injury action to commence. A claim for compensation must be made «within two years after the day of the accident» or, where symptoms not apparent immediately after the accident are observed by a practitioner within those two years, within two years of that first observation (MPIC Act, s. 141(1)); a death claim runs two years from the death (s. 141(2)) and a claimant who was a minor has two years from turning eighteen (s. 141(3)). MPI «may waive a time limit» where satisfied there was a reasonable excuse — a discretion, not a right (s. 141(5)). |
| Insurer response deadlines — Accept or deny | 30 days from the claim [1] This is the review clock, not a first-instance one: a claimant may apply in writing for a review «within 60 days after receiving notice of a decision», and «the corporation shall respond to the claimant within 30 days after receiving an application for review» (MPIC Act, s. 172(1), (3)). Every decision on a claim must be given in writing with reasons (s. 170(1)), and a review decision carries written reasons too (s. 173(2)), after which the claimant has 90 days to appeal to the Automobile Injury Compensation Appeal Commission (s. 174(1)). Whether any provision fixes a time for MPI to decide a claim in the first instance has not yet been verified against a primary text. |
| Regulator | Manitoba Public Insurance (MPI) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Manitoba →
| Fault system | Add-on no-fault |
|---|---|
| Shared-fault rule | Contributory negligence Maryland keeps the common-law contributory-negligence bar, and there is no percentage to publish: a claimant the fact-finder finds negligent recovers nothing, with no apportionment. The Court of Appeals declined to abandon the doctrine in 2013 — «although this Court has the authority to change the common law rule of contributory negligence, we decline to abrogate Maryland’s long-established common law principle of contributory negligence» — and described the effect in the case before it: «Because of the contributory negligence finding, Coleman was barred from any recovery» (Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013)). One statutory carve-out matters in a motor claim: failure to wear a seat belt may not «be considered evidence of contributory negligence», may not limit a party’s or an insurer’s liability, and may not be referred to at trial (Transportation § 22-412.3(h)). |
| Deadline to sue for injury | 3 years from the accident [1] The same § 5-101 and the same three years for the injury claim as for the car. |
| Deadline to sue your own insurer | 3 years from the accident [1] The same three years, as a contract action under Courts and Judicial Proceedings § 5-101. Whether a Maryland motor policy may contract for less has not yet been verified against a primary text and is not stated here: twenty sections of the Insurance Article and the limitations section were read without finding a provision voiding or flooring such a clause, and that finding is bounded to the sections read. The one statutory floor located in the Maryland material is on claim filing rather than suit — a policy may set a period of «not less than 12 months» after the accident within which the original first-party benefits claim must be filed, and the insurer must write and tell the insured the latest date on which a claim may be filed (Insurance § 19-508(a)(2)(i), (b)(1)). |
| Insurer response deadlines — Pay | 30 days from the claim [3] Plain days, and confined to the compulsory first-party benefits rather than to a liability settlement or a vehicle-damage payment: an insurer «shall make all payments of the benefits described in § 19-505 of this subtitle periodically as claims for the benefits arise and within 30 days after the insurer receives satisfactory proof of claim» (Insurance § 19-508(a)(1)), and overdue payments «shall bear simple interest at the rate of 1.5% per month» (§ 19-508(c)). A separate pair of clocks governs the uninsured and enhanced underinsured motorist route: once the claimant sends the liability insurer’s exhausting settlement offer to the UM insurer by certified mail, that insurer has 60 days to consent or refuse in writing and, if it refuses, 30 days to pay the amount of the offer itself (§§ 19-511(b)–(d), 19-511.1(b)–(d)). Maryland fixes no general acknowledgement, investigation or affirm-or-deny period in statute. |
| Regulator | Maryland Insurance Administration |
Verified as ofSeptember 10, 2026 · Car insurance claims in Maryland →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory negligence «shall not bar recovery … if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought», and damages are «diminished in proportion» to it; assumption of risk is abolished and the claimant «shall be presumed to have been in the exercise of due care» (M.G.L. c. 231, § 85). |
| Deadline to sue for injury | 3 years from the accident [5] Three years under M.G.L. c. 260, § 2A, and confirmed by § 4, which names «actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety» at the same three years — so the two sections agree and no tie-break is needed. |
| Deadline to sue your own insurer | 6 years from the accident [5] General contract period: «Actions of contract, other than those to recover for personal injuries … shall … be commenced only within six years» (M.G.L. c. 260, § 2) — the route § 34M gives an unpaid personal injury protection claimant. A motor policy commonly carries a shorter suit clause of its own, and no Massachusetts provision governing such clauses was read for this page, so six years is not the practical deadline. Separately, the claimant must present the PIP claim to the insurer within two years of the accident (c. 90, § 34M). |
| Insurer response deadlines — Acknowledge the claim | 2 days from the claim [6] Business days, and an assignment duty rather than an acknowledgement duty: «Assignment of an appraiser shall be made within two business days of the receipt of such claim», counted from an oral or written claim, and disapplied where the loss less any applicable deductible is under $1,500 (212 CMR 2.04(1)(a)). The appraisal itself must be transmitted within five business days of assignment. |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Working days, in the statute’s own words, and triggered by the claimant’s written demand rather than by the accident: «The insurer shall, within fifteen working days after receipt of such written demand respond in writing setting forth its decision as to whether it accepts the claim, accepts a part of the claim, rejects the claim, or … the amount at which it is willing to compromise the claim» (M.G.L. c. 90, § 34O). The same section protects the claimant against the insured’s late notice provided the claimant sends the insurer written notice of the accident within thirty days of it. |
| Insurer response deadlines — Pay | 10 days from the claim [2] «upon notification of disability from a licensed physician, the insurer shall commence medical payments within ten days or give written notice of its intent not to make such payments, specifying reasons for said nonpayment»; benefits unpaid for more than thirty days make the unpaid party a party to a contract with the insurer, with a right to sue in contract and, on any recovery, costs and reasonable attorney’s fees (M.G.L. c. 90, § 34M). The statute says «days», not calendar or working days. On a first-party vehicle claim the count is seven days from receipt of the completed-work claim form (c. 90, § 34O). |
| Regulator | Massachusetts Division of Insurance |
Verified as ofSeptember 10, 2026 · Car insurance claims in Massachusetts →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified Not settled on the texts read. The only shared-fault provision in the federal civil code is an all-or-nothing defence: the defendant escapes liability by proving the harm followed from «culpa o negligencia inexcusable de la víctima» (Código Civil Federal arts. 1910 and 1913), which is a complete answer and not a percentage reduction. Ordinary crash liability is in any case governed by the 32 state civil codes, because the federal code applies only to federal matters (art. 1º); whether a state court reduces an award for a victim’s ordinary negligence has not yet been verified against a primary text and is not stated here. |
| Deadline to sue for injury | 2 years from the accident [4] Same two-year rule of art. 1934 for injury, with the same federal-only caveat. |
| Deadline to sue your own insurer | 2 years from the accident [1] Actions deriving from an insurance contract prescribe in two years, counted from the event that gave rise to them (Ley sobre el Contrato de Seguro art. 81 fr. II; five years for death cover in life insurance). Where the loss itself is concerned the period runs from the day the interested parties learned of it, which they must prove (art. 82), and no clause may shorten or lengthen it (art. 83). |
| Insurer response deadlines — Pay | 30 days from the claim [1] The clock runs from complete documentation, not from the crash and not from the notice: «El crédito que resulte del contrato de seguro vencerá treinta días después de la fecha en que la empresa haya recibido los documentos e informaciones que le permitan conocer el fundamento de la reclamación» (Ley sobre el Contrato de Seguro art. 71). A clause making the debt payable only once the insurer has acknowledged it, or a court has proved it, is void. |
| Regulator | CONDUSEF — Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros |
Verified as ofSeptember 10, 2026 · Car insurance claims in Mexico →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Damages are reduced by the claimant’s share of fault, and where that share «is greater than the aggregate fault of the other person or persons» the court «shall reduce economic damages by the percentage of comparative fault … and noneconomic damages shall not be awarded» (MCL 600.2959) — so only noneconomic damages are barred, and economic damages survive pro rata. Inside the no-fault chapter itself, «damages must not be assessed in favor of a party who is more than 50% at fault», and none are assessed in favour of a party driving without the statutory security (MCL 500.3135(2)(b)–(c)). |
| Deadline to sue for injury | 3 years from the accident [3] Three years after the time of the death or injury, the same period the statute gives to property claims (MCL 600.5805(1)–(2)); the capture read is complete through Public Act 149 of 2024. |
| Deadline to sue your own insurer | 1 years from the accident [4] An action for personal protection insurance benefits «may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury … has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment» (MCL 500.3145(1)); where notice was given or a payment made, the action runs one year from the most recent loss incurred, and «the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced» (§ 500.3145(2)). The clock is tolled from a specific claim until the insurer formally denies it, and only if the claim is pursued with reasonable diligence (§ 500.3145(3)); property protection benefits carry a flat year from the accident (§ 500.3145(5)). Other contract claims on the policy run six years (MCL 600.5807(9)), and a personal auto policy may not shorten any of these — a shortened limitation of action clause is forbidden and void (Mich. Admin. Code R 500.2212(2)–(3)). |
| Insurer response deadlines — Acknowledge the claim | 30 days from the claim [5] Outside chapter 31: «An insurer shall specify in writing the materials that constitute a satisfactory proof of loss not later than 30 days after receipt of a claim unless the claim is settled within the 30 days», after which the amount supported by proof of loss is timely if paid within 60 days, and unpaid benefits bear 12 % simple interest from day 60 (MCL 500.2006(3)–(4)). Where this section and chapter 31 are specifically inconsistent, chapter 31 governs (§ 500.2006(6)), so for personal protection benefits the operative clock is MCL 500.3142. For a third-party tort claimant the interest additionally turns on bad faith found by a court, so the 60-day rule is not symmetrical between first and third party. |
| Insurer response deadlines — Pay | 30 days from the claim [5] Personal protection insurance benefits «are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and of the amount of loss sustained», and «an overdue payment bears simple interest at the rate of 12% per annum» (MCL 500.3142(2), (4)); where a bill for a product, service, accommodation or training reaches the insurer more than 90 days after it was provided, the insurer gets 60 days in addition to the 30 (§ 500.3142(3)). The statute says 30 and 60 days without saying calendar or working, and no word is added here. |
| Regulator | Michigan Department of Insurance and Financial Services (DIFS) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Michigan →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified Missouri’s shared-fault rule for an ordinary collision is judge-made, and it is not published as a value here. § 537.765, often cited for it, abolishes the contributory-fault bar and applies «the doctrine of pure comparative fault» expressly and only «in a products liability claim», so it does not reach a crash. Federal opinions published by the Government Publishing Office characterise Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) (en banc) as having adopted pure comparative fault, but the Missouri Supreme Court’s own text could not be read and that characterisation is not a verified reading of it. What statute does fix is the defendants’ side: in all tort actions a defendant at fifty-one percent or more of the fault is jointly and severally liable for the whole judgment, and one below that share pays only its own percentage (§ 537.067.1) — a rule about defendants, not a bar on the claimant. |
| Deadline to sue for injury | 5 years from when the damage became known [2] The same five years and the same subdivision as the vehicle claim, so there is no shorter injury clock to miss (§ 516.120(4), RSMo), running from when the damage «is sustained and is capable of ascertainment» (§ 516.100). |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [3] Working days, not calendar days: the insurer may acknowledge a first-party claimant’s notification by paying, by writing, or by an oral acknowledgment noted and dated in the claim file, in each case «within ten (10) working days» of receipt, and the same ten working days apply to «all communications from any claimant that reasonably suggests a response is expected» (20 CSR 100-1.030(1)(A)1.–3., (1)(B)). Providing the necessary claim forms, instructions and assistance within the same ten working days is itself compliance (§ 100-1.030(3)), and notification to any agent or producer representing the insurer counts as notification to the insurer. The statute adds one calendar-day figure of its own: fifteen calendar days to provide the forms needed to present a claim (§ 375.1007(13), RSMo). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Working days, and the trigger is not notice of the claim: «within fifteen (15) working days after the submission of all forms necessary to establish the nature and extent of any claim, the first-party claimant shall be advised of the acceptance or denial of the claim», and no claim may be denied on a specific policy provision, condition or exclusion unless the denial refers to it, in writing, with a copy in the file (20 CSR 100-1.050(1)(A)). If the insurer needs more time it must say so inside the same window with its reasons, and then write again «within forty-five (45) days» — plain days, in the same rule — and every forty-five days after (§ 100-1.050(1)(C)). Missouri has no investigation clock: the rule that once set one, 20 CSR 100-1.040, stands in the chapter under the words «(Rescinded July 30, 2008)». |
| Regulator | Missouri Department of Commerce and Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Missouri →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Montana’s bar bites only ABOVE fifty per cent, and the section carries TWO texts, each labelled by the publisher, of which the operative one is the one marked «(Temporary)». «27-1-702. (Temporary) Comparative negligence — extent to which contributory negligence bars recovery in action for damages. Contributory negligence does not bar recovery in an action by a person … to recover damages for negligence resulting in death or injury to the person or property IF THE CONTRIBUTORY NEGLIGENCE WAS NOT GREATER THAN THE NEGLIGENCE OF THE PERSON OR THE COMBINED NEGLIGENCE OF ALL PERSONS AGAINST WHOM RECOVERY IS SOUGHT, but any damages allowed MUST BE DIMINISHED IN THE PROPORTION TO THE PERCENTAGE OF NEGLIGENCE ATTRIBUTABLE TO THE PERSON RECOVERING. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)» «Not greater than» is the 51 % form in this dataset’s convention, so A CRASH APPORTIONED FIFTY-FIFTY IN MONTANA RECOVERS HALF — the same camp as Iowa, West Virginia, Hawaii, Vermont and Wyoming, and the opposite of Idaho, Kansas, Nebraska, Maine and North Dakota. Note also that the denominator is the COMBINED negligence of all the persons sued, which helps a claimant facing several defendants, and that the reduction here IS proportional and by percentage — unlike Maine’s § 156, which forbids a percentage reduction. TWO THINGS ABOUT THE LABELS MUST BE GOT RIGHT AND NEITHER MAY BE AVERAGED AWAY. FIRST, «TEMPORARY» DOES NOT MEAN SHORT-LIVED: this text terminates only on a contingency fixed by section 11(2) of chapter 429 of the Laws of 1997, and that contingency has not occurred — so the «(Temporary)» text is the law, and a secondary description will quote whichever of the two it happens to have copied. SECOND, THE CONTINGENT SUCCESSOR TEXT WOULD CHANGE THE DENOMINATOR AND COULD DEFEAT A CLAIMANT THE PRESENT TEXT ALLOWS TO RECOVER: «27-1-702. (Effective on occurrence of contingency) Comparative fault … if the contributory fault was not greater than the fault of the defendant OR THE COMBINED FAULT OF ALL DEFENDANTS AND NONPARTIES» — adding non-parties to the comparison, which is materially wider. The contingency itself was not opened, so what is published is the operative text with the pending alternative disclosed beside it. |
| Deadline to sue for injury | 3 years from the accident [3] Three years, and Montana routes a personal-injury claim through the residual paragraph rather than through a section that names it: «27-2-204. (Temporary) Tort actions — general and personal injury. (1) Except as provided in 27-2-216, the period prescribed for the commencement of AN ACTION UPON A LIABILITY NOT FOUNDED UPON AN INSTRUMENT IN WRITING is within 3 years.» Subsection (2) gives three years for a death caused by the wrongful act or neglect of another, «except when the wrongful death is the result of a homicide, in which case the period is within 10 years»; subsection (3) gives two years for libel, slander, assault, battery, false imprisonment or seduction, so the three years are the NEGLIGENCE period specifically. THIS SECTION TOO CARRIES TWO LABELLED TEXTS AND THE FIGURE IS SAFE EITHER WAY: the text «(Effective October 1, 2026)» keeps the same three years and changes only the list of cross-referenced exceptions, adding § 27-2-219 beside § 27-2-216 (history line «amd. Sec. 4, Ch. 709, L. 2025»). SO THE FIGURE IS PUBLISHED AND THE EXCEPTIONS ARE NOT: neither § 27-2-216 nor § 27-2-219 was opened, so whether either reaches a motor-vehicle injury claim has not yet been verified against a primary text and is not stated here. |
| Deadline to sue your own insurer | 2 years from the denial [5] TWO YEARS, NOT SIX, AND PUBLISHING SIX ALONE WOULD BE ACTIVELY MISLEADING. Montana’s operative deadline for a claim-handling action is its own: «The period prescribed for commencement of an action under this section is: (a) for an insured, WITHIN 2 YEARS FROM THE DATE OF THE VIOLATION OF 33-18-201; and (b) for a third-party claimant, WITHIN 1 YEAR FROM THE DATE OF THE SETTLEMENT OF OR THE ENTRY OF JUDGMENT ON THE UNDERLYING CLAIM» (§ 33-18-242(8)). Two years for the insured is the shortest first-party clock on any row in this dataset, and the third-party claimant’s ONE year is shorter still. A NOTE ON THE TRIGGER, BECAUSE THIS DATASET HAS NO ENUM VALUE FOR IT: the statute runs from «the date of the violation of 33-18-201», which is neither the accident, nor the filing of the claim, nor strictly a denial; the nearest available value is used and the statute’s own words are given here so nothing is hidden — the clock starts when the insurer commits the practice complained of, which in most cases is a refusal or a failure to settle. THE SEPARATE CONTRACT ROUTE IS SIX YEARS AND IS NAMED BESIDE THIS ONE RATHER THAN INSTEAD OF IT: «the period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years» (§ 27-2-202(1)), with five years where it is not founded on a writing and three on a non-contractual obligation. A claimant who assumes six years for everything against an insurer will be out of time on the statutory route. |
| Regulator | Montana Commissioner of Securities and Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Montana →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) Nebraska reaches Kansas’s strict result through different words: «Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant’s contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery» (§ 25-21,185.09). «Equal to or greater than» is the 50 % form: A CRASH APPORTIONED EXACTLY FIFTY-FIFTY RECOVERS NOTHING IN NEBRASKA, and the comparison is against the TOTAL negligence of everyone sued, not against each defendant. The same section gives a procedural right worth knowing: «The jury shall be instructed on the effects of the allocation of negligence.» One regulation exists because the bar is otherwise a bargaining weapon: «Insurers shall not assign a percentage of negligence to a claimant for the purpose of reducing a settlement, when there exists no reasonable evidence upon which the assigned percentage of negligence could be based» (210 Neb. Admin. Code ch. 60, § 008.06) — found in no other state’s claims rule in this dataset. |
| Deadline to sue for injury | 4 years from the accident [2] Four years for «an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated» (§ 25-207(3)) — twice the two years Kansas allows immediately to the south, on materially the same claim. The section reaches trespass, conversion, other torts and frauds and states its own four-year limit in its opening sentence. |
| Deadline to sue your own insurer | 5 years from the accident [2] Five years on «a specialty, or any agreement, contract, or promise in writing, or foreign judgment» (§ 25-205(1)) — the policy itself. Subsection (2), the stated exception, is a farm-collateral carve-out and does not reach a motor policy. Whether any Nebraska statute sets a floor on how short a motor policy’s own suit-against-us clause may be has not yet been verified against a primary text and is not stated here. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] FIFTEEN WORKING DAYS, NOT CALENDAR DAYS — the rule defines the unit for the whole chapter in its own definitions: «003.05 “Days” means working days». So «Every insurer, upon receiving notification of a claim shall, within fifteen (15) days, acknowledge the receipt of such notice unless payment is made within that period of time» (§ 006.01) is about three calendar weeks, not two. Notice to the insurer’s agent counts as notice to the insurer, unless the agent tells the claimant it is not authorised to receive notices of claim. Three parallel fifteen-working-day duties run beside it: a reply to any pertinent communication expecting a response (§ 006.03), supply of the necessary claim forms, instructions and reasonable assistance (§ 006.04), and an express duty to «initiate investigation» of the claim (§ 007). The statute independently confirms the unit: § 44-1540(14) fixes «fifteen working days» for claim forms. |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Fifteen WORKING days again, and Nebraska’s trigger and its reach are both wider than most: «Within fifteen (15) days after receipt by the insurer of settlement information or a properly executed proof of loss, the claimant shall be advised of the acceptance or denial of the claim by the insurer», with any denial in writing citing the provision, condition or exclusion relied on and documented in the claim file (§ 008.01). The trigger is settlement information OR a proof of loss, whichever arrives first — broader than Iowa’s proof-of-loss-only trigger — and «claimant» is defined at § 003.04 to include THIRD-PARTY claimants, so the decision duty reaches the other driver’s claimant and not only the insured. An extension costs a written reason within fifteen days and a fresh written reason every thirty days after, and stops once the claim is in litigation (§ 008.02). |
| Insurer response deadlines — Pay | 15 days from the claim [3] Fifteen WORKING days from the claimant’s ACCEPTANCE, and it is the second of two distinct clocks in one subsection, which must not be merged: «In cases where there is no dispute as to coverage as to one or more portions of the insurance policy and where liability has become reasonably clear, the insurer shall offer to claimants, within fifteen (15) days of receipt of settlement information, amounts within policy limits which are fair and reasonable as shown by the insurer’s completed investigation. The insurer shall tender payment within fifteen (15) days of claimant’s acceptance» (§ 008.04). The same subsection requires payment of an undisputed portion notwithstanding disputes about other portions. |
| Regulator | Nebraska Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Nebraska →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) A claimant’s comparative negligence «does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought» (NRS 41.141(1)), and where several defendants are sued the comparison is against their combined negligence (NRS 41.141(2)(a)). So a fifty-fifty crash still recovers half. |
| Deadline to sue for injury | 2 years from the accident [3] «Within 2 years: … an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another» (NRS 11.190(4)(e)). The same two years cover a death claim. |
| Deadline to sue your own insurer | 6 years from the accident [3] Six years on «an action upon a contract, obligation or liability founded upon an instrument in writing» (NRS 11.190(1)(b)). This is the residual, not the operative deadline: the policy’s own suit-limitation clause may be shorter, and whether any Nevada instrument sets a floor on such a clause is not stated here — NRS chapter 687B was searched and contains none, but that is one chapter of Title 57 and not the whole title. |
| Insurer response deadlines — Acknowledge the claim | 20 days from the claim [6] Working days, and the rule says so: every insurer must acknowledge receipt of a claim notice within 20 working days unless it pays within that time, and notice given to an agent of the insurer is notice to the insurer (NAC 686A.665(1)). Supplying claim forms, instructions and reasonable assistance inside the same 20 working days is compliance (NAC 686A.665(4)). The insurer must also begin investigating within 20 working days and complete the investigation within 30 plain days unless that reasonably cannot be done (NAC 686A.670). |
| Insurer response deadlines — Accept or deny | 30 days from the claim [6] Working days: «Within 30 working days after receipt by the insurer of properly executed proofs of loss, the first-party claimant must be advised of the acceptance or denial of the claim.» A denial must be in writing and may not rest on a policy provision, condition or exclusion unless the denial refers to it (NAC 686A.675(1)). If more time is needed the insurer must say so within the same 30 working days and write again every 30 days with reasons (NAC 686A.675(3)). |
| Insurer response deadlines — Pay | 30 days from the claim [6] Plain days here, and the unit switch is inside the same sentence pair as the 30 working days above: «If the claim of the first-party claimant is accepted, the insurer shall pay the claim within 30 days after it is accepted. If the accepted claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040» (NAC 686A.675(1)). Where part of a claim is disputed, the undisputed portion must be paid anyway if that can be done without prejudice to an interested party (NAC 686A.675(7)). |
| Regulator | Nevada Division of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Nevada →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Shared fault reduces a New Brunswick award; it never extinguishes it. «Where by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally», and nothing in that section operates «so as to render any person liable for any damage or loss to which his fault has not contributed» (Contributory Negligence Act, R.S.N.B. 1973, c. C-19, s. 1(1)–(2)). No percentage bars recovery. Where two or more persons are found at fault «they are jointly and severally liable to the person suffering the damage or loss», contributing between themselves in proportion to fault (s. 2(2)) — so a claimant may recover the whole reduced award from one of several at-fault drivers. Fault and its degrees are questions of fact (s. 5), and «unless the judge otherwise directs, the liability for costs of the parties shall be in the same proportion as the liability to make good the loss or damage» (s. 7(2)), which is the practical sting of a partial-fault finding. The text read is the publisher’s consolidation to 1 September 2011. |
| Deadline to sue for injury | 2 years from when the damage became known [3] «No claim shall be brought after the earlier of (a) two years from the day on which the claim is discovered, and (b) fifteen years from the day on which the act or omission on which the claim is based occurred», and a claim is discovered when the claimant first knew or ought reasonably to have known that the loss occurred, that it was caused by or contributed to by an act or omission, and that the act or omission was the defendant’s (Limitation of Actions Act, S.N.B. 2009, c. L-8.5, s. 5(1)–(2)). The discovery test has three limbs where neighbouring Nova Scotia’s has four: New Brunswick has no «sufficiently serious to warrant a proceeding» limb, so the clock can start earlier here on identical facts. A continuous act or omission is deemed a separate act or omission on each day it continues (s. 6). Nothing read establishes a New Brunswick analogue of Nova Scotia’s judicial power to disallow a limitation defence, and none is asserted either way. |
| Deadline to sue your own insurer | 2 years from the accident [1] «Every action or proceeding against the insurer under this contract in respect of loss or damage to the automobile shall be commenced within two years next after the happening of the loss and not afterwards, and in respect of loss or damage to persons or property shall be commenced within two years next after the cause of action arose and not afterwards» (Insurance Act, statutory condition 6(3)). The two years published here is the vehicle-damage clock, which runs from the happening of the loss; the clock for loss or damage to persons or property runs instead from when the cause of action arose. Note the divergence from Nova Scotia and Newfoundland and Labrador, whose equivalent condition runs the indemnity clock from the date the insured’s liability is established by a court — the Atlantic provinces share this statutory-conditions text but not its triggers. |
| Insurer response deadlines — Pay | 60 days from the claim [1] «The insurer shall pay the insurance money for which it is liable under this contract within sixty days after the proof of loss has been received by it or, where an appraisal is made under subcondition (8) of statutory condition 4, within fifteen days after the award is rendered by the appraisers» (Insurance Act, statutory condition 6(1)). Plain unqualified days, and word for word the same condition as Nova Scotia’s mandatory condition 6(1) and Newfoundland and Labrador’s equivalent — the Atlantic provinces share the machinery, which is exactly why the amounts and the limitation triggers must each be read from their own Act. The accident-benefit side of a New Brunswick policy sits in the Standard Automobile Policy prescribed by regulation, which was not opened, so no first-party payment clock is published. |
| Regulator | New Brunswick Financial and Consumer Services Commission |
Verified as ofSeptember 11, 2026 · Car insurance claims in New Brunswick →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified NEW MEXICO HAS NO COMPARATIVE-FAULT STATUTE, AND THE FIELD IS «UNCLEAR» FOR A SOURCING REASON RATHER THAN A LEGAL ONE. The rule is judge-made. New Mexico is characterised as a pure comparative-negligence state on the authority of Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682, 634 P.2d 1234, in which the Supreme Court of New Mexico held that comparative negligence «is adopted in this jurisdiction and replaces the “all-or-nothing” rule of contributory negligence» and that «a pure comparative negligence standard shall supersede prior law in New Mexico, and that a plaintiff suing in negligence shall no longer be totally barred from recovery because of his contributory negligence». That opinion was read in full, with its official citation and panel, at nmonesource.com — the New Mexico Compilation Commission’s platform, the state’s official publisher of the appellate reports — but NOT at a court-operated host, and this dataset only records a judge-made comparative rule as verified when the opinion is read at the court’s own site or at GPO. New Mexico’s courts host was unusable: nmcourts.gov and supremecourt.nmcourts.gov both answer a 302 redirect to 127.0.0.1. So the case is named here as CHARACTERISATION and the enum is left «unclear» rather than asserting a value on a locator the rules of this dataset do not accept. What the Legislature does supply corroborates that no percentage bar exists: it speaks only of «any cause of action to which the doctrine of comparative fault applies» when abolishing joint and several liability, and codifies no threshold (§ 41-3A-1(A)). That abolition matters in its own right — «The liability of any such defendants shall be several», each paying «only for that portion» equal to the ratio of its own fault «to the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action», so people who are not parties count in the denominator. Four carve-outs restore joint liability, and the fourth is open-ended: intentional injury, vicarious liability, strict product liability, and «situations not covered by any of the foregoing and having a sound basis in public policy» (§ 41-3A-1(C)). |
| Deadline to sue for injury | 3 years from the accident [2] Three years, and the section it lives in reads oddly because the injury period is a clause at the end of a provision mostly about surety bonds: «Actions must be brought against sureties on official bonds … within two years after the liability of the principal … is finally established …, and for an injury to the person or reputation of any person, within three years» (§ 37-1-8). The discovery rule of § 37-1-7 is confined by its own words to property and conversion and is not extended here; § 37-1-1 puts this clock at accrual. |
| Deadline to sue your own insurer | 6 years from the accident [2] Six years for «actions founded upon any bond, promissory note, bill of exchange or other contract in writing» (§ 37-1-3(A)) — the policy itself, and the longest first-party contract period in its round. It does not lengthen the tort clocks, and whether any New Mexico statute sets a floor on how short a motor policy’s own suit-against-us clause may be has not yet been verified against a primary text and is not stated here. |
| Insurer response deadlines — Pay | 45 days from the claim [3] Forty-five days from proof of loss, and this is the ONE hard insurer day count in New Mexico law: an insurer «that fails for a period of forty-five days, after required proof of loss has been furnished, to pay to the person entitled the amount justly due shall be liable for the amount due and unpaid with interest on that amount at the rate of one and one-half times the prime lending rate for New Mexico banks during the period the claim is unpaid. Interest shall accrue, and the interest rate shall be determined, as of the forty-sixth day after the proof of loss was furnished» (§ 59A-16-21(B)). THE RATE IS FLOATING AND NO PERCENTAGE IS PRINTED FOR IT, because the statute prints none. Subsection (C) takes the whole mechanism away once the claim is in arbitration or litigation. NEW MEXICO HAS NO ACKNOWLEDGEMENT OR AFFIRM-OR-DENY DEADLINE, and that is an evidenced finding rather than a gap — see the notes. |
| Regulator | New Mexico Office of Superintendent of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in New Mexico →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence The claimant’s culpable conduct «shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion» it bears to the conduct that caused the damages (C.P.L.R. § 1411). |
| Deadline to sue for injury | 3 years from the accident [2] «an action to recover damages for a personal injury» — three years (C.P.L.R. § 214(5)). |
| Deadline to sue your own insurer | 6 years from the accident [2] General period for «an action upon a contractual obligation or liability» (C.P.L.R. § 213(2)); when a first-party no-fault action accrues is governed by case law not read for this page. |
| Insurer response deadlines — Pay | 30 days from the claim [1] First-party (no-fault) benefits are overdue if not paid within 30 days after the claimant supplies proof of the fact and amount of loss; overdue payments bear 2 % per month plus a reasonable attorney’s fee (Ins. Law § 5106(a)). The Department of Financial Services’ claims regulation (11 NYCRR 216) sets further deadlines that could not be read for this page and are not stated. |
| Regulator | New York State Department of Financial Services |
Verified as ofSeptember 10, 2026 · Car insurance claims in New York →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Shared fault reduces a Newfoundland and Labrador award and never bars it. «Where by the fault of 2 or more persons damage or loss is caused to 1 or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each person was at fault», and notwithstanding that, «where, having regard to the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally» and «nothing in this section shall operate so as to make a person liable for damage or loss to which his or her fault has not contributed» (Contributory Negligence Act, R.S.N.L. 1990, c. C-33, s. 2(1)–(2)). No percentage of the claimant’s own fault defeats the claim. Where two or more are found at fault «they shall be jointly and individually liable to the person suffering damage or loss» — the Act’s own older phrase for joint and several liability — contributing between themselves in proportion to fault (s. 3). Fault and its degrees are questions of fact (s. 4), and costs follow the apportionment unless the judge directs otherwise, with an express set-off where one party is owed an excess of damages and the other an excess of costs (s. 8). Note the locator: the apportionment rule is s. 2 here, not s. 1 or s. 3 as in the neighbouring provinces. |
| Deadline to sue for injury | 2 years from when the damage became known [2] Two years, and the trigger comes from a second section. On its face s. 5 runs the period from «the date on which the right to do so arose», barring after two years an action «for damages in respect of injury to a person or property, including economic loss arising from the injury whether based on contract, tort or statutory duty» (Limitations Act, S.N.L. 1995, c. L-16.1, s. 5(a)). But for personal injury and property damage the period «does not begin to run against a person until the person knows or, considering all circumstances of the matter, ought to know that the person has a cause of action» (s. 14(1)), so in practice it is a discovery rule — a one-limb formulation against Nova Scotia’s four and New Brunswick’s three. The outer limit is the largest divergence in the region: «no action to which this Act applies shall be brought after the expiration of 30 years from the date on which the event which gave rise to the cause of action last occurred» (s. 22) — thirty years, where Nova Scotia and New Brunswick each impose fifteen. |
| Deadline to sue your own insurer | 2 years from the accident [1] Two years, from two different triggers, and neither is the accident for the indemnity claim. An action against the insurer «in respect of a claim for indemnification for liability to the insured … shall be started within 2 years after the liability of the insured is established by a court and not afterwards», while «all other actions or proceedings against the insurer, under this contract, in respect of loss or damage to the automobile shall be started within 2 years from the time the loss or damage was sustained» (Automobile Insurance Act, statutory condition on limitation of actions). The two years published here is the vehicle-damage clock, which does run from the loss. This follows Nova Scotia rather than New Brunswick, whose equivalent condition runs the indemnity clock from when the cause of action arose — three provinces, a shared statutory text, two different triggers. |
| Insurer response deadlines — Pay | 60 days from the claim [1] «The insurer shall pay the insurance money for which it is liable under this contract within 60 days after the proof of loss has been received by it or, where an appraisal is made …» (Automobile Insurance Act, statutory condition on payment of insurance money) — plain unqualified days, and the same figure as Nova Scotia’s mandatory condition 6(1) and New Brunswick’s statutory condition 6(1). One further clock favours the claimant: where the insurer has a person medically examined and receives a report, it must ensure the person receives a copy within sixty days of the insurer receiving it. The province’s compulsory accident benefits are set by regulation and were not reached, so no first-party payment clock is published. |
| Regulator | Office of the Superintendent of Insurance, Digital Government and Service NL |
Verified as ofSeptember 11, 2026 · Car insurance claims in Newfoundland and Labrador →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) North Dakota’s bar bites at equality, and the section is titled for what it does: «32-03.2-02. Modified comparative fault. CONTRIBUTORY FAULT DOES NOT BAR RECOVERY in an action by any person to recover damages for death or injury to person or property UNLESS THE FAULT WAS AS GREAT AS THE COMBINED FAULT OF ALL OTHER PERSONS WHO CONTRIBUTE TO THE INJURY, but any damages allowed MUST BE DIMINISHED IN PROPORTION TO THE AMOUNT OF CONTRIBUTING FAULT ATTRIBUTABLE TO THE PERSON RECOVERING. The court may, and WHEN REQUESTED BY ANY PARTY, SHALL direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to EACH PERSON, WHETHER OR NOT A PARTY, who contributed to the injury. … When two or more parties are found to have contributed to the injury, THE LIABILITY OF EACH PARTY IS SEVERAL ONLY, AND IS NOT JOINT, and each party is liable only for the amount of damages attributable to the percentage of fault of that party, EXCEPT THAT ANY PERSONS WHO ACT IN CONCERT … ARE JOINTLY LIABLE … Under this section, FAULT INCLUDES NEGLIGENCE, MALPRACTICE, ABSOLUTE LIABILITY, DRAM SHOP LIABILITY, FAILURE TO WARN, RECKLESS OR WILLFUL CONDUCT, ASSUMPTION OF RISK, MISUSE OF PRODUCT, FAILURE TO AVOID INJURY, and product liability.» «As great as» is the 50 % form in this dataset’s convention, so A CRASH APPORTIONED FIFTY-FIFTY IN NORTH DAKOTA RECOVERS NOTHING — the same camp as Idaho, Kansas, Nebraska and Maine, and the opposite of Montana, Vermont, Iowa, West Virginia and Hawaii. THREE QUALIFIERS PULL IN DIFFERENT DIRECTIONS AND ALL THREE BELONG ON THE ROW. The comparison is against the COMBINED fault of all contributors, which HELPS a claimant facing several defendants — unlike Idaho’s § 6-803(3), where each defendant’s fault is compared individually and a claimant can lose against two defendants who together outweigh them. But the jury apportions fault to every person who contributed «WHETHER OR NOT A PARTY», so an absent, unidentified or immune driver’s share enters the denominator; liability between defendants is SEVERAL ONLY outside concerted action, so the claimant carries an insolvent co-defendant’s share; and «fault» is defined expansively enough to reach ASSUMPTION OF RISK and FAILURE TO AVOID INJURY, not negligence alone. AND THERE IS A CARVE-OUT THAT FITS THE ORDINARY FENDER-BENDER EXACTLY AND APPEARS IN NO OTHER JURISDICTION IN THIS DATASET: «32-03.2-02.1. Automobile accident damage liability. NOTWITHSTANDING SECTION 32-03.2-02, in an action by any person to recover direct and indirect damages for injury to property, THE DAMAGES MAY NOT BE DIMINISHED IN PROPORTION TO THE AMOUNT OF CONTRIBUTING FAULT ATTRIBUTABLE TO THE PERSON RECOVERING, OR OTHERWISE, IF: 1. The person seeking damages is seeking property damages resulting from A MOTOR VEHICLE ACCIDENT IN WHICH TWO PERSONS ARE AT FAULT; 2. The person seeking damages is seeking to recover DIRECT PHYSICAL PROPERTY DAMAGES OF NOT MORE THAN FIVE THOUSAND DOLLARS AND INDIRECT PHYSICAL PROPERTY DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS; and 3. THE PERCENTAGE OF FAULT OF THE PERSON AGAINST WHOM RECOVERY IS SOUGHT IS OVER FIFTY PERCENT. This section applies regardless as to whether the person seeking … also seeks damages for personal injury, HOWEVER, DAMAGES FOR PERSONAL INJURY ARE NOT AVAILABLE UNDER THIS SECTION.» The three conditions are conjunctive and must be stated together; within them a small property claim is paid in full with no reduction for the claimant’s own share. |
| Deadline to sue for injury | 6 years from the accident [2] Six years from accrual, and as in Montana and Wyoming the personal-injury claim arrives through a RESIDUAL paragraph rather than through a section that names it: «5. An action for criminal conversation or for ANY OTHER INJURY TO THE PERSON OR RIGHTS OF ANOTHER NOT ARISING UPON CONTRACT, WHEN NOT OTHERWISE EXPRESSLY PROVIDED» (§ 28-01-16(5)). THE CLOSING SAVING IS LOAD-BEARING AND IS NOT DECORATION: «when not otherwise expressly provided» is precisely what § 26.1-41-19(4) uses to displace this period for no-fault benefit claims, so the six years govern the TORT claim against the other driver and not a claim for benefits against your own insurer. Note also the shape of the tort claim itself in a no-fault state: the six years are of no use for pain and suffering unless the injury is a «serious injury» within § 26.1-41-01(21), and are of use for economic loss only above what the no-fault benefits paid or will pay. |
| Deadline to sue your own insurer | 2 years from when the damage became known [3] TWO YEARS FROM DISCOVERY WITH A FOUR-YEAR OUTER LIMIT FROM THE ACCIDENT, «WHICHEVER IS EARLIER» — AND THE STRUCTURE IS THE OPPOSITE OF HAWAII’S CLAIMANT-FRIENDLY «LATER OF», WHICH MAKES NORTH DAKOTA’S THE MORE DANGEROUS OF THE TWO TO MISREAD. «26.1-41-19. Limitation of actions. 1. IF NO BASIC OR OPTIONAL EXCESS NO-FAULT BENEFITS HAVE BEEN PAID for loss, an action for the benefits may be commenced NOT LATER THAN TWO YEARS AFTER THE INJURED PERSON SUFFERS THE LOSS AND EITHER KNOWS, OR IN THE EXERCISE OF REASONABLE DILIGENCE SHOULD KNOW, THAT THE LOSS WAS CAUSED BY THE ACCIDENT, OR NOT LATER THAN FOUR YEARS AFTER THE ACCIDENT, WHICHEVER IS EARLIER. IF BASIC OR OPTIONAL EXCESS NO-FAULT BENEFITS HAVE BEEN PAID for loss, an action for recovery of further benefits for the loss by either the same or another claimant MAY BE COMMENCED NOT LATER THAN FOUR YEARS AFTER THE LAST PAYMENT OF BENEFITS.» So a paid claim gets four years from the LAST PAYMENT, while an unpaid one is caught by whichever of the two periods expires first. The field carries the two-year discovery period because it is the one that bites first in the ordinary case; the four-year cap and the four-years-from-last-payment rule are stated here because neither can be represented by a single value. TWO FURTHER PERIODS IN THE SAME SECTION ARE RECORDED RATHER THAN PUBLISHED: subsection 2 adds separate two-year and six-year periods for survivors’ benefits, and subsection 3 gives an assigned-claim claimant SIXTY DAYS from written notice of rejection. AND THIS SECTION DECIDES THE CONFLICT BEFORE IT ARISES: «4. THE TIME PERIOD LIMITATIONS PRESCRIBED IN THIS SECTION GOVERN ALL ACTIONS FOR BASIC AND OPTIONAL EXCESS NO-FAULT BENEFITS UNDER THIS CHAPTER NOTWITHSTANDING ANY LIMITATION PRESCRIBED ELSEWHERE IN THE LAWS OF THIS STATE», so it displaces § 28-01-16’s six years for benefit claims only, and § 28-01-16(1)’s six years on «a contract, obligation, or liability, express or implied» remain the route for a non-benefit contract dispute with the insurer. |
| Insurer response deadlines — Pay | 30 days from the claim [4] THIRTY DAYS FROM REASONABLE PROOF — BUT THE ACCUMULATION RULE MUST TRAVEL WITH IT OR THE DEADLINE IS OVERSTATED. «1. BASIC AND OPTIONAL EXCESS NO-FAULT BENEFITS ARE PAYABLE MONTHLY for economic loss … 2. Basic and optional excess no-fault benefits ARE OVERDUE IF NOT PAID WITHIN THIRTY DAYS AFTER THE BASIC NO-FAULT INSURER RECEIVES REASONABLE PROOF OF THE FACT AND THE AMOUNT OF LOSS SUSTAINED, EXCEPT THAT THE BASIC NO-FAULT INSURER MAY ACCUMULATE CLAIMS FOR PERIODS NOT EXCEEDING ONE MONTH, AND THE BENEFITS ARE NOT OVERDUE IF PAID WITHIN TWENTY DAYS AFTER THE PERIOD OF ACCUMULATION. If reasonable proof is not supplied as to the entire claim, THE AMOUNT SUPPORTED BY REASONABLE PROOF IS OVERDUE IF NOT PAID WITHIN THIRTY DAYS after the proof is received … PAYMENT IS DEEMED MADE ON THE DATE OF MAILING. All overdue payments must bear interest at the judgment rate allowed in section 28-20-34» (§ 26.1-41-09(1)–(2)). So the insurer may batch claims for up to a month and then has a FURTHER TWENTY DAYS, and the real outside limit on a batched claim is longer than thirty days; partial proof triggers partial payment on its own thirty-day clock; and payment counts as made ON MAILING rather than on receipt. THE DAYS ARE PLAIN AND UNQUALIFIED, so calendar days on the face of it. NO PERCENTAGE IS PRINTED FOR THE OVERDUE INTEREST, AND THE OMISSION IS DELIBERATE: the rate is the judgment rate incorporated from § 28-20-34, which was not opened, so the rate has not yet been verified against a primary text and is not stated here — the same discipline New Mexico’s floating prime-rate row required. THIS FIELD IS A FIRST-PARTY DUTY ONLY and must not be read as a payment clock on a liability claim against the other driver’s insurer. One neighbouring rule in the same section is worth knowing and has no analogue on any other row in this dataset: «3. NEITHER THE INJURED PERSON NOR A BASIC NO-FAULT INSURER IS REQUIRED TO PAY FOR SERVICES BILLED MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE OF TREATMENT», so a provider who bills late can be paid by nobody — not the insurer and not the patient. |
| Regulator | North Dakota Insurance Department |
Verified as ofSeptember 11, 2026 · Car insurance claims in North Dakota →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory negligence: the claim «shall not be defeated by reason of the fault of the person suffering the damage», but damages are reduced «to such extent as the court thinks just and equitable» (Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948, s. 2(1)). |
| Deadline to sue for injury | 3 years from when the damage became known [2] Three years from the date the cause of action accrued or, if later, the injured person’s date of knowledge (art. 7). |
| Regulator | Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Northern Ireland →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Shared fault reduces a Nova Scotia award and never defeats it. «Where by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally», and nothing in that section renders anyone liable for damage to which their fault has not contributed (Contributory Negligence Act, R.S.N.S. 1989, c. 95, s. 3(1)–(2)). There is no percentage at which the claim is barred. The court determines each person’s degree of fault (s. 4), and the amount of the loss, the fault and the degrees of fault are questions of fact (s. 5). One Nova Scotia sting is in the costs: where damages are occasioned by the fault of more than one party the court «has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just» (s. 6) — a discretion, not the automatic proportionality New Brunswick applies next door. Apportion under c. 95 first, then apply the minor-injury cap to the non-pecuniary component. |
| Deadline to sue for injury | 2 years from when the damage became known [2] A claim «may not be brought after the earlier of (a) two years from the day on which the claim is discovered; and (b) fifteen years from the day on which the act or omission on which the claim is based occurred» (Limitation of Actions Act, S.N.S. 2014, c. 35, s. 8(1)). The discovery test has four limbs, and the fourth is the one that moves the start date in a soft-tissue claim: the claimant must have known, or ought reasonably to have known, that the loss occurred, that it was caused or contributed to by an act or omission, that the act or omission was the defendant’s, and «that the injury, loss or damage is sufficiently serious to warrant a proceeding» (s. 8(2)). For personal-injury claims only, a court «may disallow a defence based on the limitation period and allow the claim to proceed if it appears to the court to be just» on a balance of hardship, but never «if the claim is brought more than two years after the expiry of the limitation period» (s. 12(2)–(3), (6)). |
| Deadline to sue your own insurer | 2 years from the accident [4] Two years, and the figure hides two different triggers — neither of which is the accident for the indemnity claim. Every action against the insurer «in respect of a claim for indemnification for liability of the insured … shall be commenced within two years after the liability of the insured is established by a court of competent jurisdiction and not afterwards», while «every other action or proceeding against the insurer under the contract in respect of loss or damage to the automobile shall be commenced within two years from the time the loss or damage was sustained» (Automobile Insurance Contract Mandatory Conditions Regulations, mandatory condition 6(3)). The two years published here is the vehicle-damage clock, which does run from the loss; the indemnity clock starts only when a court has established the insured’s liability, so a row reading «two years from the accident» would be wrong for it. |
| Insurer response deadlines — Pay | 60 days from the claim [4] Nova Scotia runs two payment clocks and publishing only one misstates the province. The sixty days here is the property and indemnity clock: the insurer «shall pay the insurance money for which it is liable under this contract within sixty days after the proof of loss has been received by it or, where an appraisal is made …, within fifteen days after the award is rendered by the appraisers» (mandatory condition 6(1)). On the first-party Section B side the clock is half as long: «all amounts payable under this section, other than benefits under Part II of subsection 2, shall be paid by the Insurer within 30 days after it has received proof of claim», and recurring income benefits are then payable «within each 30-day period while the Insurer remains liable» on proof of continuing disability (Section B, subsection (7)(a)). |
| Regulator | Nova Scotia Superintendent of Insurance (Department of Finance and Treasury Board) |
Verified as ofSeptember 11, 2026 · Car insurance claims in Nova Scotia →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) The label is the closest the dataset has, but the statute fixes no percentage and the rule must be read in its own comparative terms: contributory negligence «shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless … is of greater degree than the combined negligence of any persons, firms or corporations causing such damage» (23 O.S. § 13). Equal fault is not barred. In the multi-defendant case the comparison is against the defendants’ COMBINED negligence, so a claimant at 40 % against two defendants at 30 % each is not barred even though they are the single most negligent party. Below the bar, recovery «shall be diminished in proportion» (§ 14), and shared fault is a jury question «in all cases whatsoever» (§ 12). |
| Deadline to sue for injury | 2 years from the accident [3] Two years under the residual negligence limb of the same paragraph, «an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated» (12 O.S. § 95(A)(3)). The one-year period in the next paragraph was tested and rejected: § 95(A)(4) reaches «libel, slander, assault, battery, malicious prosecution, or false imprisonment» — the intentional torts by name — and a negligently inflicted crash injury is none of them. |
| Deadline to sue your own insurer | 5 years from the accident [3] Five years on «any contract, agreement, or promise in writing» (12 O.S. § 95(A)(1)), and unlike some states’ equivalents the paragraph is not confined to an action for debt. But this is the statutory backstop, not the operative deadline: the policy’s own suit-limitation clause governs, bounded by the floor in 36 O.S. § 3617 — a clause «preventing the bringing of an action against any such insurer for more than six (6) months after the cause of action accrues» is void, as is any clause cutting the period below two years for non-property insurance or below one year from the date of the occurrence for property insurance, and the void clause «shall not affect the validity of the other provisions of the policy». Read the suit-limitation clause in the policy, because that, bounded by this floor, is the deadline that will be argued. |
| Insurer response deadlines — Acknowledge the claim | 30 days from the claim [4] Plain days, and the unqualified form is deliberate: the same Act writes «twenty (20) calendar days» at 36 O.S. § 1250.4(B) where it means calendar days, so a bare «days» is the legislature’s own unqualified form and is reproduced rather than resolved. «Every property and casualty insurer, within thirty (30) days after receiving notification of a claim, shall acknowledge the receipt of such notification unless payment is made within such period of time», and notification given to an agent is notification to the insurer (§ 1250.6(A)). Supplying claim forms, instructions and reasonable assistance inside the same thirty days is compliance (§ 1250.6(B)). Every later pertinent communication from the claimant that reasonably suggests a response is expected — e-mail and a documented verbal communication included — carries its own thirty days (§ 1250.4(C)). |
| Insurer response deadlines — Accept or deny | 60 days from the claim [4] Plain days again, and the duty is softer than a hard affirm-or-deny: «Within sixty (60) days after receipt by a property and casualty insurer of properly executed proofs of loss, the first party claimant shall be advised of the acceptance or denial of the claim by the insurer, or if further investigation is necessary» — so the insurer discharges it by saying it needs to keep investigating. A denial must be written and may not rest on a policy provision, condition or exclusion unless the denial refers to it (36 O.S. § 1250.7(A)). Investigation must be completed within sixty days of notification of proof of loss, with a reasons letter at sixty days and, unusually among the states in this dataset, a hard outer cap: «the time for investigation shall not exceed one hundred twenty (120) days after receipt of proof of loss», defeasible only for evidenced fraud or arson (§ 1250.7(C)). The Commissioner may add twenty days after a Governor-declared catastrophe, and every clock in the section switches off once suit is filed (§ 1250.7(G)). |
| Regulator | Oklahoma Insurance Department |
Verified as ofSeptember 11, 2026 · Car insurance claims in Oklahoma →
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence Where the plaintiff’s own fault contributed, «the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively» (Negligence Act, s. 3). Vehicle-damage recovery from your own insurer is likewise «based on the degree of fault» under the Fault Determination Rules (Insurance Act, s. 263(3)). |
| Deadline to sue for injury | 2 years from when the damage became known [1] Same basic two-year period; a claim is discovered when the person knew, or ought to have known, that the injury occurred, was caused by an act or omission of the defendant, and that a proceeding was the appropriate remedy (s. 5). |
| Insurer response deadlines — Accept or deny | 10 days from the claim [4] Business days: for the statutory accident benefits your own insurer pays, it must pay or give written notice of refusal within 10 business days of receiving the application and disability certificate (O. Reg. 34/10, s. 36(4)). You must notify the insurer of your intention to claim within seven days of the accident (s. 32(1)). |
| Regulator | Financial Services Regulatory Authority of Ontario (FSRA) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Ontario →
| Fault system | Add-on no-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory negligence does not bar recovery «if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2)», and otherwise damages fall in proportion to the claimant’s own share (ORS 31.600(1)). The comparison is against the combined fault of everyone on the list, not against any single defendant. |
| Deadline to sue for injury | 2 years from the accident [3] «An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years» (ORS 12.110(1)). |
| Deadline to sue your own insurer | 6 years from the accident [3] Six years on the policy as a contract (ORS 12.080(1)); the policy’s own suit-limitation clause may be shorter and was not read, and whether Oregon law sets a floor on such a clause was not searched. A uninsured or underinsured motorist claim is on a far shorter and quite different clock: under ORS 742.504(12)(a) no cause of action accrues at all unless, within two years of the accident, the amount due has been agreed, arbitration has been formally instituted, an action against the insurer has been filed, or suit has been filed against the uninsured motorist — and negotiating with your own insurer is none of those four things. |
| Insurer response deadlines — Accept or deny | 60 days from the claim [1] Calendar days, and this is a personal-injury-protection denial deadline rather than a general affirm-or-deny duty: an insurer denying PIP benefits must give written notice within 60 calendar days of receiving the provider’s claim, stating the reason and the method of contesting the denial (ORS 742.528). The same 60 calendar days make a provider’s charges presumed reasonable and necessary if they are not denied (ORS 742.524(1)(a)). PIP benefits themselves must be paid «promptly after proof of loss», with no day count (ORS 742.520(4)). |
| Regulator | Oregon Division of Financial Regulation |
Verified as ofSeptember 11, 2026 · Car insurance claims in Oregon →
| Fault system | Choice no-fault |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory negligence does not bar recovery «where such negligence was not greater than the causal negligence of the defendant»; damages are diminished in proportion (42 Pa.C.S. § 7102(a)). |
| Deadline to sue for injury | 2 years from the accident [2] «An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect … of another» — two years (42 Pa.C.S. § 5524(2)). |
| Deadline to sue your own insurer | 4 years from the accident [1] An action for unpaid first-party benefits: four years from the accident, or four years from the last payment if benefits were paid (75 Pa.C.S. § 1721(a)); a general action on the policy as a written contract also runs four years (42 Pa.C.S. § 5525(a)(8)). |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [3] Working days: acknowledge the notice of claim and provide claim forms and instructions within 10 working days (31 Pa. Code § 146.5(a), (d)). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Working days after receipt of properly executed proofs of loss; a denial must cite the policy provision relied on; extensions require written reasons, then letters every 45 days (§ 146.7(a)(1), (c)(1)). Investigation is to be completed within 30 days of notice (§ 146.6). |
| Insurer response deadlines — Pay | 30 days from the claim [1] First-party benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount; overdue benefits bear 12 % a year and, where the refusal was unreasonable, an attorney fee (75 Pa.C.S. § 1716). |
| Regulator | Pennsylvania Insurance Department |
Verified as ofSeptember 10, 2026 · Car insurance claims in Pennsylvania →
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence «Si la imprudencia sólo hubiere concurrido en la producción del daño, la indemnización será reducida por el juez, según las circunstancias» — where the victim’s imprudence merely contributed, the judge reduces the award according to the circumstances (Código Civil art. 1973); no threshold bars recovery and the code fixes no percentage. Where that imprudence was the determining cause of the harm under the objective head of art. 1970, there is no duty to repair at all (art. 1972). |
| Deadline to sue for injury | 2 years from the accident [1] Same two-year rule of art. 2001 inc. 4 for the extracontractual indemnity action. |
| Deadline to sue your own insurer | 2 years from the accident [4] This is the SOAT claim only: the right to ask the insurer for the compulsory indemnity «se extingue dentro del plazo de prescripción de la acción indemnizatoria por responsabilidad extracontractual, conforme al numeral 4 del artículo 2001 del Código Civil» (TUO art. 18, as substituted by D.S. 009-2019-MTC), and for a death claim that period does not begin until the insurer’s publication and notification duty under art. 42 has run out. It is a separate clock from actions founded on an insurance contract, which prescribe in ten years from the loss (Ley 29946 art. 78) — the two are not merged here. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [5] Insurance-contract claims, not SOAT claims, and the mechanism matters: where there is objectively no adjustment agreement, the loss «se entenderá como consentido … cuando la aseguradora no se haya pronunciado sobre el monto reclamado en un plazo que no exceda de los treinta (30) días contados desde la fecha de haberse completado toda la documentación exigida en la póliza» — thirty days of silence after complete documentation deems the loss consented. Payment is then due within a further thirty days of that consent, with default interest at one and a half times the average active lending rate (Ley 29946 art. 74). |
| Insurer response deadlines — Pay | 10 days from the claim [3] SOAT indemnities are paid «dentro del plazo máximo de diez (10) días siguientes a la presentación de los antecedentes» the regulation lists — the traffic-accident record form and, as the case requires, the death certificate, medical certificate or invoices (TUO art. 33). The clock is document-triggered, not accident-triggered. |
| Regulator | Superintendencia de Banca, Seguros y AFP (SBS) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Peru →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence Sharing is by the gravity of each party’s fault, not by a percentage of causation: «where an injury has been caused by several persons, liability is shared between them in proportion to the seriousness of the fault of each. The victim is included in the apportionment when the injury is partly the effect of his own fault» (Civil Code of Québec, art. 1478). There is no bar at any percentage, and the rule reaches property damage, because the bodily-injury action is abolished. |
| Deadline to sue for injury | 3 years from the accident [1] This is a claim to a public insurer, not a court action: the bodily-injury action is abolished, and entitlement to SAAQ compensation «is prescribed by three years from the accident or the time the injury appears and, with regard to a death benefit, from the time of death» (Automobile Insurance Act, art. 11). A claim to the Société interrupts the Civil Code prescription until a final decision is rendered. |
| Deadline to sue your own insurer | 3 years from the accident [3] The action on the insurance contract has no special period, so the general three years of art. 2925 applies, with art. 2926 postponing the start where the harm appears late. The Civil Code fixes no shorter contractual deadline. |
| Insurer response deadlines — Pay | 60 days from the claim [3] A Civil Code duty, not a regulator’s service standard: the insurer «is bound to pay the indemnity within 60 days after receiving the notice of loss or, if the insurer requested them, the relevant information and vouchers» (art. 2473), and the insured must declare a loss to the insurer as soon as they become aware of it (art. 2470). |
| Regulator | Autorité des marchés financiers (AMF) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Quebec →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence THERE IS NO BAR AT ANY PERCENTAGE IN RHODE ISLAND. «§ 9-20-4. Comparative negligence. In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, OR FOR INJURY TO PROPERTY, the fact that the person injured, or the owner of the property or person having control over the property, MAY NOT HAVE BEEN IN THE EXERCISE OF DUE CARE OR THE FACT THAT THE DANGER OR DEFECT WAS OPEN AND OBVIOUS SHALL NOT BAR A RECOVERY, BUT DAMAGES SHALL BE DIMINISHED BY THE FINDER OF FACT IN PROPORTION TO THE AMOUNT OF NEGLIGENCE ATTRIBUTABLE TO THE PERSON INJURED.» The section states only that contributory fault «shall not bar a recovery» and that damages are diminished proportionately, WITH NO THRESHOLD ANYWHERE IN IT — so A RHODE ISLAND CLAIMANT NINETY PER CENT AT FAULT STILL RECOVERS TEN PER CENT. That puts Rhode Island with New Mexico and against every other state promoted in the same round: Idaho, Maine and North Dakota bar at equality, Montana and Vermont above fifty per cent. Note that the section covers INJURY TO PROPERTY expressly as well as personal injury and death, so the same rule governs the claim for the car. AND NOTE WHAT THE 2019 AMENDMENTS ADDED, because it is recent, statutory and easy to miss: the words «or the fact that the danger or defect was open and obvious shall not bar a recovery» — ABOLISHING THE OPEN-AND-OBVIOUS DEFENCE AS A BAR. The history line is «P.L. 1971, ch. 206, § 1; P.L. 1972, ch. 18, § 1; P.L. 2019, ch. 185, § 1; P.L. 2019, ch. 256, § 1», and the pairing of two identical 2019 chapters is the Rhode Island drafting habit — every substantive change read for this row arrives as a pair of companion chapters, so cite both or neither. |
| Deadline to sue for injury | 3 years from the accident [2] Three years from accrual: «(b) ACTIONS FOR INJURIES TO THE PERSON SHALL BE COMMENCED AND SUED WITHIN THREE (3) YEARS NEXT AFTER THE CAUSE OF ACTION SHALL ACCRUE, AND NOT AFTER, except as provided for otherwise in subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or exploitation of a child shall be governed by § 9-1-51» (§ 9-1-14(b)). QUOTE SUBSECTION (b) AND NOT THE SECTION: subsection (a) of the same section is the ONE-YEAR period for «words spoken», which is what a careless read of «§ 9-1-14» produces. AND NOTE WHAT THE SECTION DOES NOT CONTAIN — there is no property-damage paragraph in it at all, which is why the vehicle claim runs on § 9-1-13(a)’s residual ten years and not on these three. A reader who assumes one Rhode Island period for the whole crash will be wrong in one direction or the other. |
| Deadline to sue your own insurer | 3 years from the accident [2] THREE YEARS, EXTENDABLE BY A FURTHER 120 DAYS IN THE DIRECT-ACTION CASE ONLY — AND THE CONDITIONS MUST BE STATED EXACTLY, BECAUSE THE EXTENSION IS NOT A GENERAL GRACE PERIOD. «(c) As to an action for personal injuries wherein an injured party is entitled to proceed against an insurer pursuant to § 27-7-2, WHERE AN ACTION IS OTHERWISE PROPERLY FILED AGAINST AN INSURED WITHIN THE TIME LIMITATIONS PROVIDED FOR BY THIS SECTION, AND PROCESS AGAINST THE INSURED TORTFEASOR HAS BEEN RETURNED “NON EST INVENTUS” AND FILED WITH THE COURT, THEN THE STATUTORY LIMITATION FOR FILING AN ACTION UNDER § 27-7-2 DIRECTLY AGAINST AN INSURER SHALL BE EXTENDED AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS after the expiration of the time limitation provided for in subsection (b) herein» (§ 9-1-14(c)) — a 120-day extension found in no other jurisdiction in this dataset. All three conditions are cumulative: the suit must ALREADY have been properly filed against the insured within the three years, AND process against the tortfeasor must have been returned «non est inventus», AND that return must have been filed with the court. THE NO-JOINDER RULE IS THE REASON THE MECHANISM EXISTS AND IS PUBLISHED WITH IT: an injured party «in his or her suit against the insured, SHALL NOT JOIN THE INSURER AS A DEFENDANT», and may proceed directly against the insurer only where process is returned «non est inventus», or in three situations involving the insured’s death, or «after having obtained judgment against the insured alone … in a separate action against the insurer»; and «the time limitations for filing such actions shall be governed by the provisions of § 9-1-14 as appropriate, including … any extension of the statute of limitations for injuries to the person provided by § 9-1-14(c)» (§ 27-7-2). A FIRST-PARTY DISPUTE ON YOUR OWN POLICY IS A DIFFERENT CLOCK AND IS NAMED SEPARATELY: an action on the policy as a contract falls into § 9-1-13(a)’s residual TEN years. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [4] THIRTY DAYS TO RESPOND TO A CLAIM, EXTENDABLE ONLY BY THE INSURED’S AGREEMENT: «(16) FAILING TO RESPOND TO A CLAIM WITHIN THIRTY (30) DAYS, UNLESS THE INSURED SHALL AGREE TO A LONGER PERIOD» (§ 27-9.1-4(a)(16)). RHODE ISLAND HAS THE MOST NUMERICALLY SPECIFIC CLAIM-HANDLING TIMETABLE IN THIS DATASET AND IT MIXES BOTH UNITS INSIDE ONE SECTION, WHICH IS EXACTLY WHY EACH UNIT IS QUOTED RATHER THAN PARAPHRASED. Beside the thirty days: «(13) failing to provide forms necessary to present claims WITHIN TEN (10) CALENDAR DAYS of a request with reasonable explanations regarding their use»; and on the vehicle itself, «(26) failure to perform an initial appraisal WITHIN THREE (3) BUSINESS DAYS after a request is received from an auto body repair shop», provided the damaged vehicle is on the shop’s premises when the request is made, «and failure to perform a supplemental appraisal inspection of a vehicle WITHIN FOUR (4) BUSINESS DAYS after a request is received from an auto body repair shop. IF THE INSURER’S APPRAISER FAILS TO INSPECT THE DAMAGED MOTOR VEHICLE WITHIN THE ALLOTTED NUMBER OF BUSINESS DAYS … THE INSURER SHALL FORFEIT ITS RIGHT TO INSPECT THE DAMAGED VEHICLE PRIOR TO REPAIRS, AND NEGOTIATIONS SHALL BE LIMITED TO LABOR AND THE PRICE OF PARTS and shall not, unless objective evidence to the contrary is provided by the insurer, INVOLVE DISPUTES AS TO THE EXISTENCE OF DAMAGE OR THE CHOSEN MANNER OF REPAIR.» That forfeiture is self-executing and is the most useful consequence attached to any missed deadline in this dataset. One further practice is worth knowing in itself: «(15) MISLEADING A CLAIMANT AS TO THE APPLICABLE STATUTE OF LIMITATIONS.» A LIMIT ON ALL OF IT IS PUBLISHED ON THE FACE OF THIS ROW RATHER THAN LEFT OUT, BECAUSE IT IS A REAL GATE AND NOT A QUIBBLE: the section’s opening words make each listed act an unfair claims practice only «IF COMMITTED IN VIOLATION OF § 27-9.1-3», and § 27-9.1-3 WAS NOT READ. So these figures are published as the statute’s own prohibitions, whose trigger has not yet been verified against a primary text, and not as free-standing deadlines a claimant can enforce without more. |
| Regulator | Rhode Island Department of Business Regulation, Insurance Division |
Verified as ofSeptember 11, 2026 · Car insurance claims in Rhode Island →
| Fault system | Choice no-fault |
|---|---|
| Shared-fault rule | Pure comparative negligence In property-damage actions and in a claim brought in the elected tort stream, «the liability to make good the damage or loss is in proportion to the degree in which each person was at fault, but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally», and nothing renders a person liable for loss to which their fault has not contributed (Contributory Negligence Act, s. 2). |
| Deadline to sue for injury | 2 years from the accident [1] In the default no-fault stream this is a claim deadline, not a limitation period: a claimant must apply for a benefit «within two years after the date of the accident» or, where symptoms not apparent immediately after the accident are observed by a practitioner within those two years, within two years of that first observation; a death claim runs two years from the death and a claimant who was a minor has two years from turning eighteen (Automobile Accident Insurance Act, s. 164(1)–(3)). A claimant who has filed a tort election sues instead, and the two-year discovery period of the Limitations Act applies to that action. |
| Deadline to sue your own insurer | 90 days from the denial [1] Far shorter than any general limitation period: a claimant may appeal a decision of the insurer «to either the Court of King’s Bench or the appeal commission within the later of: (a) 90 days after the date of insurer’s written decision; and (b) if a claimant has requested mediation … 90 days after the date of the mediator’s written statement … declaring that the mediation is completed» (Automobile Accident Insurance Act, s. 191(1)), and choosing the court closes the commission (s. 191(2)). Mediation itself must be requested within 90 days of the written decision (s. 190(2)). Two decisions carry 180 days instead: benefits withheld after a criminal charge (s. 107(4)) and a non-resident’s responsibility determination (s. 109(2)). |
| Regulator | Saskatchewan Government Insurance (SGI) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Saskatchewan →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence The Law Reform (Contributory Negligence) Act 1945 applies in Scotland (s. 5): damages are reduced «to such extent as the court thinks just and equitable» having regard to the pursuer’s share of responsibility. |
| Deadline to sue for injury | 3 years from when the damage became known [2] Three years from the date the injuries were sustained or, if later, from when the pursuer became (or could reasonably have become) aware of the key facts (s. 17(2)). |
| Regulator | Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) |
Verified as ofSeptember 10, 2026 · Car insurance claims in Scotland →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) The bar is judge-made, not statutory: «For all causes of action arising on or after July 1, 1991, a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence» (Nelson v. Concrete Supply Co., 303 S.C. 243, 245, 399 S.E.2d 783, 784 (1991), quoted with its page by the Court of Appeals). «Not greater than» is the 51 % form: a driver exactly half to blame recovers half, and one fifty-one percent to blame recovers nothing. Apportionment is a question of fact for the jury where conflicting inferences may be drawn. Do not read S.C. Code § 15-38-15 as the source of the bar — it governs joint and several liability among defendants, and its own subsection (C)(2) sends the plaintiff’s share back to «applicable rules concerning comparative negligence». |
| Deadline to sue for injury | 3 years from when the damage became known [5] Three years for «an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law» (§ 15-3-530(5)), and the accrual rule is discovery because § 15-3-535 attaches it to that paragraph in terms: «all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.» The Editor’s Note on both sections records that the period was reduced from six to three years in 1988. |
| Deadline to sue your own insurer | 3 years from the accident [5] Three years for «an action upon a contract, obligation, or liability, express or implied» (§ 15-3-530(1)) — the same three years as the tort periods, so suing your own insurer buys no extra time, which is unusual in this dataset. And the paragraph that would override a policy’s own shortened suit clause «any clause, condition, or limitation contained in the policy to the contrary notwithstanding» is § 15-3-530(8), which on its face reaches policies «either fire or life» and so does not protect an insured suing under an automobile policy. Read the suit-limitation clause in the motor policy, because nothing on this text disapplies it. Whether any other provision of Title 38 sets a floor on such a clause has not yet been verified against a primary text and is not stated here; chapters 38-59, 38-61, 38-63 and 38-77 were read in full and contain none. |
| Regulator | South Carolina Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in South Carolina →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified SOUTH DAKOTA’S SHARED-FAULT RULE HAS NO PERCENTAGE IN IT AT ALL, AND THE FIELD IS «UNCLEAR» BECAUSE NONE OF THIS DATASET’S ENUMERATED VALUES DESCRIBES IT — not because the statute is unread. It is quoted here verbatim so a reader can see for themselves: «In all actions brought to recover damages for injuries to a person or to that person’s property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff’s contributory negligence. Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff’s fault by special interrogatory» (§ 20-9-2, history «SL 1941, ch 160; SDC Supp 1960, § 47.0304-1; SL 1964, ch 149; SL 1998, ch 125, § 1»). WHY NOT ONE OF THE OTHER VALUES: it is not «pure-comparative», because recovery survives only where the claimant’s negligence was SLIGHT; it is not «contributory», because slight negligence does not bar and the damages do reduce proportionally; and it is neither «modified-50» nor «modified-51», because the statute fixes no figure to compare against. Assigning it to a camp by analogy would be an import, so the enum is left «unclear» and the statute speaks for itself — the same discipline this dataset applies to New Mexico, where the reason is a locator rule rather than a mapping one. THE 1998 SECOND SENTENCE MATTERS IN PRACTICE: because the comparison must be made WITHOUT a special interrogatory disclosing the plaintiff’s percentage, the question a South Dakota jury answers is qualitative and is never published as a number — so any percentage you meet attached to this state has come from somewhere else. Read it beside § 58-33-67(6), which makes it an unfair practice for an insurer to fail «to make a good faith assignment of the degree of contributory negligence in ascertaining the issue of liability». |
| Deadline to sue for injury | 3 years from the accident [2] Three years from accrual, and the subdivision that fixes it is three words long: «Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: … (3) An action for personal injury» (§ 15-2-14(3), history «SDC 1939, § 33.0232 (5); SL 1945, ch 144»). South Dakota fixes the injury period by that phrase alone, and NO MOTOR-VEHICLE-SPECIFIC PERIOD WAS FOUND in anything read. |
| Insurer response deadlines — Acknowledge the claim | 30 days from the claim [3] THIRTY DAYS, AND IN SOUTH DAKOTA THE CLOCK IS STATUTORY RATHER THAN ADMINISTRATIVE — unlike Alaska, Delaware, Nebraska and West Virginia, where the numbers live in a regulation. «In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to, the following: (1) Failing to acknowledge and act within thirty days upon communications with respect to claims arising under insurance policies and to adopt and adhere to reasonable standards for the prompt investigation of such claims» (§ 58-33-67(1), history «SL 1986, ch 422, § 2; SL 1989, ch 439, § 3»). Note that ONE CLOCK COVERS BOTH DUTIES — to acknowledge AND to act — which is unusual. The days are PLAIN AND UNQUALIFIED: the section says neither «business» nor «working», so they are calendar days on the face of it, as in Hawaii and Iowa and unlike Alaska’s and Nebraska’s working days. TWO LIMITS TRAVEL WITH THE FIGURE. The section is worded «in dealing with the insured or representative of the insured», so it does not plainly reach a third-party claimant. And § 58-33-69 says in terms that «nothing in §§ 58-33-66 to 58-33-69, inclusive, grants a private right of action», so the thirty days are the Division of Insurance’s to enforce and not the policyholder’s — the same shape as West Virginia’s § 33-11-4a. NO AFFIRM-OR-DENY OR PAYMENT DEADLINE IS PUBLISHED FOR SOUTH DAKOTA, and the reason is stated in the notes rather than left as silence. |
| Regulator | South Dakota Division of Insurance, Department of Labor and Regulation |
Verified as ofSeptember 11, 2026 · Car insurance claims in South Dakota →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence For injuries, the victim’s own contribution reduces compensation by at most 75 % (LRCSCVM art. 1.2); children under 14 and people without legal capacity are not reduced at all. |
| Deadline to sue for injury | 1 years from when the damage became known [1] Same one-year period; for injuries the clock runs from stabilisation of the injuries, not the crash date, under settled case law. |
| Deadline to sue your own insurer | 2 years from the accident [2] Actions arising from the insurance contract: two years for property insurance, five for insurance of persons (LCS art. 23). |
| Insurer response deadlines — Accept or deny | 3 months from the claim [3] Reasoned offer (oferta motivada) or reasoned reply within three months of the claim, for injuries and for property damage alike; late payment accrues statutory interest. |
| Regulator | Dirección General de Seguros y Fondos de Pensiones |
Verified as ofSeptember 10, 2026 · Car insurance claims in Spain →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Proportionate responsibility: you recover nothing if your share of responsibility is greater than 50 %; otherwise your damages are reduced by your percentage (CPRC §§ 33.001, 33.012). |
| Deadline to sue for injury | 2 years from the accident [1] For a death, the two years run from the date of death. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] Calendar days from notice of the claim, to acknowledge, start investigating and request the documents it needs (30 business days for surplus-lines insurers). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Business days after the insurer receives every item it required for final proof of loss; it may extend once by 45 days with written reasons. |
| Insurer response deadlines — Pay | 5 days from the claim [3] Business days after it notifies you that it will pay. |
| Regulator | Texas Department of Insurance |
Verified as ofSeptember 10, 2026 · Car insurance claims in Texas →
| Fault system | No-fault |
|---|---|
| Shared-fault rule | Modified comparative (50% bar) A claimant «may recover from any defendant or group of defendants whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery» (§ 78B-5-818(2)). Because the others’ fault must exceed the claimant’s, a fifty-fifty crash in Utah recovers nothing — the opposite of Nevada and Oregon, where it recovers half. No defendant is liable beyond its own allocated proportion. |
| Deadline to sue for injury | 4 years from the accident [3] A crash injury falls under the four-year catch-all, «for relief not otherwise provided for by law» (§ 78B-2-307(4)), because no section of the limitations chapter enumerates personal injury — the chapter was read end to end to establish that. A wrongful-death action is the trap: it runs only two years (§ 78B-2-304(3)), half the injury period, on the same crash. |
| Deadline to sue your own insurer | 3 years from the accident [4] «A person shall commence an action on a written policy or contract of first party insurance within three years after the inception of the loss» (§ 31A-21-313(1)(a)) — shorter than the four-year tort period and running from the loss, not from a denial. Two coverages are carved out to four years, each with its own retroactivity date: uninsured motorist since 14 May 2019 (§ 31A-22-305(11)) and personal injury protection since 3 May 2023 (§ 31A-22-307(7)). A Utah policy may not shorten any of these: § 31A-21-313(3)(a) voids a clause limiting the time «to a time less than that authorized by statute». In the other direction, § 31A-21-313(4)(a) generally bars suing the insurer for payment until the earlier of 60 days after proof of loss, waiver of proof of loss, or the insurer’s denial of full payment. |
| Insurer response deadlines — Pay | 30 days from the claim [1] This is the personal-injury-protection payment clock and the only statutory clock Utah has. Benefits are payable monthly as expenses are incurred, and «benefits for any period are overdue if they are not paid within 30 days after the insurer receives reasonable proof of the fact and amount of expenses incurred during the period»; where reasonable proof covers only part of a claim, the proved part is overdue on its own. Late benefits bear interest at one and a half percent a month, and an insurer made to pay overdue benefits by an action must also pay the claimant a reasonable attorney’s fee (§ 31A-22-309(5)). No acknowledgement or decision deadline is stated on this page: § 31A-26-301(1)(b) leaves «the periods of time within which payment is required to be made to be timely» to a commissioner’s rule, and that rule has not yet been verified against a primary text. |
| Regulator | Utah Insurance Department |
Verified as ofSeptember 11, 2026 · Car insurance claims in Utah →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Vermont’s bar bites only ABOVE the defendants’ combined causal negligence: «§ 1036. Contributory and comparative negligence. (a) CONTRIBUTORY NEGLIGENCE SHALL NOT BAR RECOVERY in an action by any plaintiff, or the plaintiff’s legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, IF THE NEGLIGENCE WAS NOT GREATER THAN THE CAUSAL TOTAL NEGLIGENCE OF THE DEFENDANT OR DEFENDANTS, BUT THE DAMAGE SHALL BE DIMINISHED BY GENERAL VERDICT IN PROPORTION TO THE AMOUNT OF NEGLIGENCE ATTRIBUTED TO THE PLAINTIFF. WHERE RECOVERY IS ALLOWED AGAINST MORE THAN ONE DEFENDANT, EACH DEFENDANT SHALL BE LIABLE FOR THAT PROPORTION OF THE TOTAL DOLLAR AMOUNT AWARDED AS DAMAGES IN THE RATIO OF THE AMOUNT OF THE DEFENDANT’S CAUSAL NEGLIGENCE TO THE AMOUNT OF CAUSAL NEGLIGENCE ATTRIBUTED TO ALL DEFENDANTS AGAINST WHOM RECOVERY IS ALLOWED.» «Not greater than» is the 51 % form in this dataset’s convention, so A CRASH APPORTIONED FIFTY-FIFTY IN VERMONT RECOVERS HALF — THE OPPOSITE OUTCOME FROM MAINE AND IDAHO NEXT DOOR, which bar a claimant found equally at fault, and the same camp as Montana, Iowa, West Virginia, Hawaii and Wyoming. THREE FEATURES OF THE TEXT MATTER BEYOND THE THRESHOLD. The comparison is against the defendants’ COMBINED causal negligence, which helps a claimant facing several of them. Against that, liability among defendants is PROPORTIONATE AND NOT JOINT — «each defendant shall be liable for that proportion of the total dollar amount awarded … in the ratio of the amount of the defendant’s causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed» — so Vermont has no joint and several liability in the ordinary negligence case and the claimant carries an insolvent co-defendant’s share. That is the MIRROR IMAGE of Maine’s § 156, where joint and several liability survives in full. And the reduction is made «BY GENERAL VERDICT», not by a special verdict as Idaho’s § 6-802, Hawaii’s § 663-31(b) and North Dakota’s § 32-03.2-02 variously require or allow — so the arithmetic is folded into the single figure the jury returns. One further subsection is recorded for completeness and for currency, and expressly does NOT touch motor claims: «(b) Contributory and comparative negligence shall be prohibited as a defense to limit a plaintiff’s recovery for damages in an action for a negligence claim relating to a sexual act as defined in 13 V.S.A. § 3251 or sexual conduct as defined in 13 V.S.A. § 2821» — added 22 April 2024, so a reader is not misled into thinking Vermont’s comparative rule changed recently. The rule itself dates from 1969 as amended in 1980. |
| Deadline to sue for injury | 3 years from when the damage became known [2] Three years — AND, UNUSUALLY, FROM DISCOVERY ON THE FACE OF THE STATUTE, WHICH IS THE DETAIL A PARAPHRASE RELIABLY DROPS. «Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: (1) assault and battery; (2) false imprisonment; (3) slander and libel; (4) except as otherwise provided in this chapter, INJURIES TO THE PERSON SUFFERED BY THE ACT OR DEFAULT OF ANOTHER PERSON, PROVIDED THAT THE CAUSE OF ACTION SHALL BE DEEMED TO ACCRUE AS OF THE DATE OF THE DISCOVERY OF THE INJURY» (12 V.S.A. § 512(4)). So Period.from is «discovery» rather than «accident», and publishing «accident» for Vermont bodily injury would be wrong. THE CONTRAST WITH ITS NEIGHBOUR IS EXACT AND WORTH STATING: Idaho’s § 5-219(4) says the opposite for its own two years — the cause of action accrues at the occurrence and the period «shall not be extended by reason of any continuing consequences or damages resulting therefrom» — so the two states differ on the TRIGGER as well as on the length, and a regional generalisation fails in both directions. Note the paragraph’s own opening saving, «except as otherwise provided in this chapter», which was not tested here. |
| Deadline to sue your own insurer | 6 years from the accident [3] Six years for an action on the policy, which arrives through Vermont’s residual civil period rather than through any insurance provision: «§ 511. Civil action. A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, AND EXCEPT AS OTHERWISE PROVIDED, SHALL BE COMMENCED WITHIN SIX YEARS AFTER THE CAUSE OF ACTION ACCRUES AND NOT THEREAFTER» (Amended 1959, No. 261, § 3). TWO THINGS THIS ROW DOES NOT CLAIM ARE STATED RATHER THAN LEFT IMPLICIT. The saving «except as otherwise provided» was not tested, and no Vermont statute read for this jurisdiction fixes a shorter period for a first-party motor claim; and THE POLICY’S OWN SUIT-LIMITATION CONDITION WAS NOT EXAMINED, so a contractual clause may cut the six years down. Note also that § 941(g)’s thirty days is not a limitation period of any kind — it is a disclosure duty on the insurer. |
| Regulator | Vermont Department of Financial Regulation, Insurance Division |
Verified as ofSeptember 11, 2026 · Car insurance claims in Vermont →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory fault chargeable to the claimant «diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery», and the section sets no percentage threshold anywhere (RCW 4.22.005). |
| Deadline to sue for injury | 3 years from the accident [2] The same subdivision carries both clocks: «any other injury to the person or rights of another not hereinafter enumerated» — three years (RCW 4.16.080(2)). |
| Deadline to sue your own insurer | 6 years from the accident [2] «An action upon a contract in writing, or liability express or implied arising out of a written agreement» — six years (RCW 4.16.040(1)). This is the statutory ceiling, not the practical deadline: the policy’s own suit-limitation clause governs, and RCW 48.18.200(1)(c) only forbids that clause from running shorter than one year, voiding anything shorter. Whether collision cover on a motor policy is «property insurance» under that subsection — which decides whether the one year runs from accrual or from the date of loss — is not settled by the text and is not stated here. |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [4] Business days, and the rule says so: within 10 business days of a notification of claim under an individual policy the insurer must acknowledge receipt, and the same 10 business days apply to any later communication from a claimant that reasonably suggests a reply is expected (WAC 284-30-360(1), (3)). Group contracts get 15. Converting this to calendar days would misstate the rule. |
| Insurer response deadlines — Accept or deny | 30 days from the claim [4] Calendar days here, and the chapter says so: the investigation must be completed within 30 calendar days of the notification unless it reasonably cannot be, in which case the claimant is owed written reasons and a fresh written notice every 30 days (WAC 284-30-370(1)(a)–(b)); within 30 calendar days of the notification the insurer must tell a first-party claimant in writing whether the claim is accepted or denied, and a denial must reference the specific provision, condition or exclusion relied on (WAC 284-30-380(1), (3)). |
| Insurer response deadlines — Pay | 15 days from the claim [4] Business days again: 15 business days to deliver payment of a settled claim after properly executed releases or other settlement documents reach the insurer or its attorney, 20 business days to furnish a release the insurer owes, and 3 business days for a settlement draft to be honoured after notice of receipt by the payor bank (WAC 284-30-330(15), (16)). The 15 days yield to any statute, rule or contract term that sets its own payment time. A supplemental estimate or final invoice from the chosen repair facility gets an answer in writing within 5 business days (WAC 284-30-390(1)(b)(iii)). |
| Regulator | Washington State Office of the Insurance Commissioner |
Verified as ofSeptember 10, 2026 · Car insurance claims in Washington →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) West Virginia’s whole shared-fault regime dates from a single 2015 act and must not be described as older. «Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault» (§ 55-7-13c(c)). «Greater than» is the 51 % form, so a crash apportioned fifty-fifty still recovers half — as in Iowa, and the opposite of Kansas and Nebraska. The comparison is against the COMBINED fault of all other responsible persons, not against each defendant. The same section makes each defendant’s liability «several only and … not joint», each liable «only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant’s percentage of fault», with joint liability restored where two or more defendants «consciously conspire and deliberately pursue a common plan or design» (§ 55-7-13c(a)–(b)). Two carve-outs matter in a crash case: a defendant whose conduct constitutes «driving a vehicle under the influence of alcohol, a controlled substance, or any other drug», or «criminal conduct», which is a proximate cause of the damages, is jointly and severally liable anyway (§ 55-7-13c(h)). And if a liable defendant turns out to be uncollectible, the plaintiff may move «not later than one year after judgment becomes final» to have the uncollectible amount reallocated among the others by percentage of fault — including a plaintiff at fault — though never against a defendant whose percentage «is equal to or less than the plaintiff’s percentage of fault» (§ 55-7-13c(d)(1)). |
| Deadline to sue for injury | 2 years from the accident [2] Two years «next after the right to bring the same shall have accrued if it be for damages for personal injuries» (§ 55-2-12(b)), from the section headed «Personal actions not otherwise provided for». But the deadline that catches West Virginians is neither of the two-year clocks: a third-party claimant’s only remedy for an unfair claims settlement practice is an administrative complaint to the Insurance Commissioner, and that is due within ONE YEAR of actual or implied discovery — see the deadline recorded against the insurer. |
| Deadline to sue your own insurer | 1 years from when the damage became known [5] THIS IS NOT A DEADLINE TO SUE — IT IS THE ONLY REMEDY A THIRD-PARTY CLAIMANT HAS, AND IT IS AN ADMINISTRATIVE ONE. West Virginia has abolished the third-party bad-faith action outright: «A third-party claimant may not bring a private cause of action or any other action against any person for an unfair claims settlement practice. A third-party claimant’s sole remedy against a person for an unfair claims settlement practice or the bad faith settlement of a claim is the filing of an administrative complaint with the Commissioner … A third-party claimant may not include allegations of unfair claims settlement practices in any underlying litigation against an insured» (§ 33-11-4a(a)). The complaint «shall be filed as soon as practicable but in no event later than one year following the actual or implied discovery of the alleged unfair claims settlement practice» (§ 33-11-4a(b)) — half the two-year limitation period for the underlying claim, and on a different clock. It must state the statutory provision if known, the facts, the people involved and the relevant policy language; if it is deficient «the Commissioner shall contact the third-party claimant within fifteen days of receipt of the complaint to obtain the necessary information». No West Virginia limitation period for a SUIT on a motor policy was read this round, and none is stated here. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] Fifteen WORKING days: «Every insurer, upon receiving notification of a claim shall, within fifteen (15) working days, acknowledge the receipt of such notice unless full payment is made within such period of time. If an acknowledgment is made by means other than writing, an appropriate notation of such acknowledgment shall be made in the claim file of the insurer and dated. Notification given to an agent of an insurer shall be notification to the insurer» (W. Va. C.S.R. § 114-14-5.1). The escape is FULL payment, not part payment. The same fifteen working days apply to a reply to any other pertinent communication from a claimant that reasonably suggests a response is expected (§ 5.3), and to a complete written response to an inquiry from the Insurance Commissioner other than notice of a third-party administrative complaint (§ 5.2). |
| Insurer response deadlines — Accept or deny | 30 days from the claim [3] THIRTY CALENDAR DAYS IS THE OUTER CLOCK, AND THE STRUCTURE IS UNLIKE ANY OTHER STATE IN THIS DATASET — THREE UNITS IN TWO SUBSECTIONS, QUOTED AS WRITTEN. «If the insurer needs more than thirty (30) calendar days from the date that a proof of loss from a first-party claimant or notice of claim from a third-party claimant is received to determine whether a claim should be accepted or denied, it shall so notify the claimant in writing within fifteen (15) working days after the thirty-day period expires. If the investigation remains incomplete, the insurer shall provide written notification of the delay to the claimant every forty-five (45) calendar days thereafter until the investigation is complete» (§ 114-14-6.7). Note the trigger differs by claimant: proof of loss for a first party, notice of claim for a third party. Separately, once the investigation is actually complete the insurer has only ten working days to act: «Within ten (10) working days of completing its investigation, the insurer shall deny the claim in writing or make a written offer» (§ 114-14-6.3). |
| Insurer response deadlines — Pay | 15 days from the claim [3] Fifteen WORKING days from the agreement or from the claimant’s performance of any condition, whichever is later: «Every insurer shall pay any amount finally agreed upon in settlement of all or part of any claim not later than fifteen (15) working days from the receipt of such agreement by the insurer or from the date of the performance by the claimant of any condition set by such agreement, whichever is later» (§ 114-14-6.11). It reaches part-settlements as well as whole ones. |
| Regulator | West Virginia Offices of the Insurance Commissioner |
Verified as ofSeptember 11, 2026 · Car insurance claims in West Virginia →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Contributory negligence does not bar recovery «if that negligence was not greater than the negligence of the person against whom recovery is sought», with damages «diminished in the proportion to the amount of negligence attributed to the person recovering» — and then the decisive sentence: «The negligence of the plaintiff shall be measured separately against the negligence of each person found to be causally negligent» (Wis. Stat. § 895.045(1)). A claimant at exactly 50 % still recovers half. The 51 % figure in the same subsection is a different rule entirely: a defendant at 51 % or more is jointly and severally liable for the whole award, while one below that pays only its own share. It is not a bar on the claimant. |
| Deadline to sue for injury | 3 years from the accident [2] Three years for an action to recover damages for injuries to the person, «including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle» (Wis. Stat. § 893.54(1m)(a)) — the statute names the motor case expressly, so no interpretive step is needed. A wrongful-death claim arising from a motor vehicle accident is shorter: two years (§ 893.54(2m)), against three years for other wrongful-death claims, and shorter than the injured survivor’s own period for the same crash. |
| Deadline to sue your own insurer | 3 years from the accident [2] Three years, not the general six: «An action upon a motor vehicle insurance policy described in s. 632.32(1) shall be commenced within 3 years after the cause of action accrues or be barred» — and the accrual rule removes the usual trap, because «a cause of action involving underinsured motorist coverage … or uninsured motorist coverage … accrues on the date there is final resolution of the underlying cause of action by the injured party against the tortfeasor» (Wis. Stat. § 893.43(2)). The policy cannot shorten it: no insurance policy may «limit the time for beginning an action on the policy to a time less than that authorized by the statutes», prescribe the court, or provide that no action may be brought (§ 631.83(3)(a)–(c)). You must, however, wait — no action to compel payment may be brought until at least sixty days after proof of loss (§ 631.83(4)). |
| Insurer response deadlines — Acknowledge the claim | 10 days from the claim [8] Consecutive days — the rule’s own word, so calendar days — because the administrative rule requires insurers to acknowledge communications and provide forms «promptly» and then defines the word: «the terms “prompt” and “promptly” as used in this rule shall mean responsive action within 10 consecutive days from receipt of a communication concerning a claim» (Wis. Admin. Code § Ins 6.11(4)). Two limits travel with it: the definition is expressly subordinate, «except where a different period is specified by statute or rule», and § Ins 6.11(3)(a) bites only on conduct «without just cause and performed with such frequency as to indicate general business practice». Wisconsin has no decision clock at all — the duty to affirm or deny coverage is stated only as «within a reasonable time after proof of loss has been completed» (§ Ins 6.11(3)(a)7.), with no day count anywhere in the chapter. |
| Regulator | Office of the Commissioner of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Wisconsin →
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Wyoming’s bar bites only ABOVE fifty per cent: «Contributory fault shall not bar a recovery in an action by any claimant or the claimant’s legal representative to recover damages for wrongful death or injury to person or property, if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors. Any damages allowed shall be diminished in proportion to the amount of fault attributed to the claimant» (§ 1-1-109(b)). «Not more than fifty percent» is the 51 % form in this dataset’s convention, so A CRASH APPORTIONED FIFTY-FIFTY IN WYOMING STILL RECOVERS HALF. THREE FEATURES MATTER MORE THAN THE HEADLINE. First, the denominator is «the total fault of ALL ACTORS», and «actor» is defined to include any person «whose fault is determined to be a proximate cause … whether or not the actor is a party to the litigation» (§ 1-1-109(a)(i)), so an absent, unidentified or immune driver’s share counts in the comparison. Second, the statute speaks of «fault», defined in (a)(iv) to reach strict tort and products liability, breach of warranty, assumption of risk and misuse of a product, not negligence alone. Third — and this is the practical consequence — WYOMING APPORTIONS SEVERALLY, NOT JOINTLY: «Each defendant is liable only to the extent of that defendant’s proportion of the total fault» (§ 1-1-109(e)), so a defendant found thirty per cent at fault pays thirty per cent and the claimant carries the shortfall if a co-defendant cannot pay. The court must «direct the jury to determine the total amount of damages sustained by the claimant without regard to the percentage of fault attributed to the claimant, and the percentage of fault attributable to each actor» and must «inform the jury of the consequences of its determination of the percentage of fault» (§ 1-1-109(c)(i)) — the exact opposite of South Dakota’s § 20-9-2, which forbids disclosing the plaintiff’s percentage by special interrogatory. |
| Deadline to sue for injury | 4 years from the accident [2] Four years from accrual, and WYOMING NAMES NO «PERSONAL INJURY» PERIOD OF ITS OWN — an injury claim lands in the residual tort clause: «(iv) Within four (4) years, an action for: … (C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated» (§ 1-3-105(a)(iv)(C)). Note the carve-out that makes four years the NEGLIGENCE period specifically: subdivision (v) gives only one year for assault or battery, libel and slander. |
| Insurer response deadlines — Accept or deny | 45 days from the claim [3] FORTY-FIVE DAYS, AND ONE SENTENCE DOES THE WORK OF THREE CLOCKS — acceptance, rejection AND payment — which no other jurisdiction in this dataset achieves in a single provision: «Claims for benefits under a property or casualty insurance policy shall be rejected or accepted and paid by the insurer or its agent designated to receive those claims within forty-five (45) days after receipt of the claim and supporting bills» (§ 26-15-124(b)). Subsection (a) sets the same forty-five days for life, accident and health claims «after receipt of the proofs of loss and supporting evidence», with an exception where an accident-and-health question goes to the Wyoming state medical peer review committee. The days are PLAIN AND UNQUALIFIED — the section says neither «business» nor «working» — so calendar days on the face of it. AND NOTE THE TRIGGER: «receipt of the claim and supporting BILLS», not a formal proof of loss, which for a vehicle claim is the repair invoice. |
| Insurer response deadlines — Pay | 45 days from the claim [3] The SAME forty-five days of § 26-15-124(b): the sentence requires the claim to be «rejected or accepted AND PAID … within forty-five (45) days after receipt of the claim and supporting bills», so the decision and the payment share one deadline rather than running consecutively as they do in Iowa, Kansas, Nebraska and West Virginia. THE REMEDY FOR THE OVERRUN IS FIXED AND PRINTABLE, UNLIKE NEW MEXICO’S FLOATING RATE: «if it is determined that the company refuses to pay the full amount of a loss covered by the policy and that the refusal is unreasonable or without cause, any court in which judgment is rendered for a claimant may also award a reasonable sum as an attorney’s fee and interest at ten percent (10%) per year» (§ 26-15-124(c)). Note what is weaker and what is stronger than in South Dakota: the standard is «unreasonable or without cause» rather than «vexatious or without reasonable cause», but the award is DISCRETIONARY («may») where South Dakota’s § 58-12-3 is mandatory. |
| Regulator | Wyoming Department of Insurance |
Verified as ofSeptember 11, 2026 · Car insurance claims in Wyoming →
Frequently asked questions
Should I admit it was my fault at the scene?
No. Exchange information, describe what happened factually to the police if they attend, and leave fault to the claim process. What you say at the scene tends to end up in the file, in someone else’s words, and it can be used against you even when the facts later show shared fault.
Do I have to call the police for a minor accident?
Rules differ by jurisdiction: many require a report above a damage threshold or whenever someone is hurt. When in doubt, call — a report is the one document both insurers will accept without argument.
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.