My insurer is delaying payment on my accident claim. Is there a time limit?

What the Law Says

EU law sets minimum standards for insurance claims handling through the Solvency II Directive, which requires insurers to act fairly, transparently, and promptly — especially when assessing and settling claims.

The key legal basis is Directive 2009/138/EC (the Solvency II Directive), as amended. While it does not set a single EU-wide deadline, it mandates that insurers establish 'adequate procedures' for handling claims swiftly and fairly.

Article 86(1) explicitly requires insurers to 'deal with claims fairly, promptly and transparently', and to 'provide clear information on the claims-handling process'. National laws implement this obligation — for example, Germany’s VAG § 55a sets a 30-day deadline to acknowledge claims and 3 months to decide; France’s Code des assurances Art. L112-5 requires written confirmation within 14 days and a reasoned decision within 3 months.

Importantly, delays without justification may constitute a breach of the insurer’s duty of good faith — a principle embedded in both Solvency II and national civil codes across the EU.

Statutory Text

The undertaking shall deal with claims fairly, promptly and transparently.

— Directive 2009/138/EC, Art. 86(1) — Claims handling

Sources