How long does Allstate Insurance have to settle my claim

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long does Allstate Insurance have to settle my claim

Ified my claim with allstate on
july 21 2017 and up until now it
still had not been resolved and i
have no idea of the status. Nobody
from Allstate will return my calls
or emails and i have done every
single thing they have asked mr to
do. This is almost 4 months now

Asked on October 9, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no hard-and-fast rule in the law about this, so unless your policy (which is a contract) specifies some time period, they have the subjective and ill-defined "reasonable" amount of time to resolve the matter. At the point at which you believe they have gone too long and are not cooperating or honoring their obligations under the policy, you can sue them for "breach of contract" (again, the policy is a contract) to force them to pay  your claim IF they are your insurer (i.e. this is your policy). 
If it's someone else's insurer--for example, the insurer of some other driver who hit you--they have no obligation directly to you: you are not in a contract with them, have not paid them for insurance, etc. Rather, their obligation is to their insured. In this case, when you believe that they are not going to offer you a settlement, your recourse would be to sue the other person (not the insurer) and prove they owe you money or compensation due to some negligent (careless) act which injured you or damaged your property. If you can prove this in court, you can get a court judgment (order) requiring payment, at which time the other person and/or their insurer should pay you.
Four months with little contact does, by the way, seem too long: it seems they are not moving on your claim. A lawsuit may be appropriate now.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption