Every year, policyholders with legitimate claims lose their right to recover because they missed a deadline. Some deadlines are measured in days, not years. If you have a claim, act quickly and consult an attorney if you're unsure about applicable time limits.
Three Types of Deadlines
Insurance claims involve multiple deadlines that can catch policyholders off guard:
Days to Weeks Policy Notice Requirements
Your policy requires you to notify the insurer of a loss within a specified time - often "immediately," "promptly," or within a set number of days. Failure to provide timely notice can void your coverage entirely.
Typical range: 24 hours to 60 days, depending on policy type
Weeks to Months Proof of Loss Deadlines
After filing your initial claim, you may be required to submit a formal "proof of loss" document within a specific timeframe. This is a sworn statement detailing your losses.
Typical range: 60 to 180 days from the loss
Years Statute of Limitations
The statute of limitations is the deadline to file a lawsuit if your claim is denied or underpaid. Once this deadline passes, you lose your legal right to sue.
Typical range: 1 to 6 years, depending on state and claim type
California has specific deadlines for insurance claims:
- Contract claims: 4 years (Cal. Code Civ. Proc. § 337)
- Bad faith claims: 2 years (Cal. Code Civ. Proc. § 339)
- Proof of loss: Typically 60 days, but check your policy
- Insurer response time: 40 days to accept or deny (Cal. Code Regs. tit. 10, § 2695.7)
Statutes of Limitations by State
The following table shows the general statutes of limitations for insurance contract claims and bad faith claims by state. These are starting points - your specific policy or situation may have different deadlines.
Many insurance policies contain provisions requiring you to sue within 1-2 years of the loss - shorter than the state statute of limitations. Always check your policy's "Suit Against Us" or "Legal Action" clause.
| State | Contract Claims | Bad Faith Claims | Notes |
|---|---|---|---|
| Alabama | 6 years | 2 years | |
| Alaska | 3 years | 2 years | |
| Arizona | 6 years | 2 years | |
| Arkansas | 5 years | 3 years | |
| California | 4 years | 2 years | Most policies limit to 1 year |
| Colorado | 3 years | 2 years | |
| Connecticut | 6 years | 3 years | |
| Delaware | 3 years | 2 years | |
| Florida | 5 years | 4 years | Property claims often 5 years |
| Georgia | 6 years | 4 years | |
| Hawaii | 6 years | 2 years | |
| Idaho | 5 years | 2 years | |
| Illinois | 10 years | 5 years | Long limitations period |
| Indiana | 10 years | 2 years | |
| Iowa | 10 years | 5 years | |
| Kansas | 5 years | 2 years | |
| Kentucky | 15 years | 5 years | Long contract limitations |
| Louisiana | 10 years | 1 year | Short bad faith deadline |
| Maine | 6 years | 6 years | |
| Maryland | 3 years | 3 years | |
| Massachusetts | 6 years | 3 years | |
| Michigan | 6 years | 3 years | |
| Minnesota | 6 years | 6 years | |
| Mississippi | 3 years | 3 years | |
| Missouri | 10 years | 5 years | |
| Montana | 8 years | 3 years | |
| Nebraska | 5 years | 4 years | |
| Nevada | 6 years | 4 years | |
| New Hampshire | 3 years | 3 years | |
| New Jersey | 6 years | 6 years | |
| New Mexico | 6 years | 4 years | |
| New York | 6 years | 3 years | |
| North Carolina | 3 years | 3 years | |
| North Dakota | 6 years | 6 years | |
| Ohio | 15 years | 4 years | Very long contract period |
| Oklahoma | 5 years | 2 years | |
| Oregon | 6 years | 2 years | |
| Pennsylvania | 4 years | 2 years | |
| Rhode Island | 10 years | 3 years | |
| South Carolina | 3 years | 3 years | |
| South Dakota | 6 years | 3 years | |
| Tennessee | 6 years | 3 years | |
| Texas | 4 years | 2 years | |
| Utah | 6 years | 4 years | |
| Vermont | 6 years | 3 years | |
| Virginia | 5 years | 2 years | |
| Washington | 6 years | 3 years | |
| West Virginia | 10 years | 2 years | |
| Wisconsin | 6 years | 6 years | |
| Wyoming | 10 years | 4 years |
The statute of limitations typically begins to run from the date of the loss, the date of the denial, or the date you discovered (or should have discovered) the problem. The "trigger" varies by state and claim type. When in doubt, assume the shortest possible deadline applies.
Policy-Specific Deadlines
Beyond state law, your insurance policy itself contains deadlines. Common policy provisions that create time limits include:
Notice of Loss Clause
Almost every policy requires you to report losses "promptly" or within a specified number of days. For auto policies, this is often 24-72 hours. For homeowners, it might be 60 days or simply "as soon as practicable."
Proof of Loss Deadline
Many property policies require you to submit a sworn proof of loss within 60 days of the insurer's request. This is a formal document, often notarized, detailing exactly what was lost and its value.
Suit Limitation Clause
Your policy likely contains a provision requiring you to file any lawsuit within a specific period - often 1 or 2 years from the date of loss. This contractual deadline may be shorter than the state statute of limitations.
California limits how short insurers can make policy deadlines. Under California law, a policy cannot require you to sue in less than one year from the date of loss. Some courts have extended this to one year from the date of denial. Additionally, insurers cannot use their own delays to shorten your deadline.
When Deadlines Can Be Extended
In certain circumstances, deadlines may be tolled (paused) or extended:
- Minor claimants: Statutes of limitations often don't begin running until the claimant turns 18
- Mental incapacity: Deadlines may be tolled during periods of legal incapacity
- Insurer's fraud or concealment: If the insurer hid information that prevented you from knowing about your claim
- Continuing negotiations: Some courts extend deadlines when the insurer was actively negotiating
- Discovery rule: In some states, the clock starts when you discover (or should have discovered) the claim
Extensions and tolling arguments are fact-specific and uncertain. Never assume a deadline will be extended. If you're approaching a deadline, consult an attorney immediately.
Protecting Yourself
To avoid losing your claim to a missed deadline:
- Report losses immediately - don't wait to "see how bad it is"
- Read your policy - find and note all deadline provisions
- Create a calendar - mark every deadline with reminders
- Follow up in writing - create a paper trail of all communications
- Request extensions in writing - if needed, and get confirmation
- Consult an attorney early - before deadlines become critical