BillSherpa · Emergency & Panic Guides · Updated 2026

Insurance company keeps stalling my claim — how long do they legally have to respond?

Insurance companies are legally required to process claims within specific timeframes. "We're still reviewing it" is not an indefinite excuse. Here are the actual deadlines — and what to do when your insurer misses them.

Federal deadlines for claim processing

State-regulated plans: If you buy insurance through the individual market or a small employer, your plan is likely state-regulated. State timeframes often mirror federal law but may be stricter. Check your state insurance commissioner's website.

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How to hold your insurer accountable

  1. Document everything — every call with date, time, representative name, and what was said.
  2. Send a formal written complaint to the appeals department (not just customer service) stating the claim has exceeded the legally required processing time. Send certified mail.
  3. File a complaint with your state insurance commissioner — the most effective lever. They have authority to impose fines.
  4. File a complaint with the Department of Labor if this is an ERISA employer-sponsored plan at dol.gov/agencies/ebsa.
  5. Contact your employer's HR department — they have a relationship with the insurer and can sometimes escalate your claim directly.

Get your bill checked free

Upload your bill. BillSherpa scans it against 6 federal regulations and shows you every potential error and estimated savings — completely free.

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You only pay $47 if you want the full report and dispute letter · drops to $27 if savings are under $150

Frequently asked questions

My claim has been "under review" for 3 months. Is this legal?

Almost certainly not for a standard post-service claim. The maximum allowed under federal law is 45 days (30 days plus one 15-day extension). File a complaint with your state insurance commissioner immediately.

Can I sue my insurance company for delays?

In some circumstances, yes. "Bad faith" insurance claims allow policyholders to sue insurers who unreasonably delay or deny claims. Consult an insurance bad faith attorney if delays have caused significant financial harm — many handle these cases on contingency.