How to File a Complaint With Your State Department of Insurance

To file a complaint with your state department of insurance, find your state's complaint page through the NAIC's state locator ↗, then submit the form online, by mail or by phone with your policy number, claim number, a factual timeline and copies of key documents. It's free, and the department will usually send your complaint to the insurer and require a response.

A complaint is a useful tool, but it has limits. This guide explains what regulators can and can't do, what to include, and where to file in several large states.

What a department of insurance does

Every state, Washington, D.C., and the five U.S. territories has a department of insurance, according to the NAIC ↗. The NAIC, the national group of state insurance regulators, says your department protects policyholders by "making sure insurance companies follow the rules and treat consumers fairly" (source ↗).

The name varies. It might be the Department of Insurance, the Department of Financial Services or the Insurance Commissioner's office.

What regulators can do

According to the NAIC ↗, your state department can investigate complaints for free about:

• Unfair claim delays or denials.
• Failure to honor your policy.
• Violations of state insurance laws.
• Lack of timely communication.
• Cancellation or nonrenewal you believe is unjustified.

Once your complaint is accepted, the NAIC says the department forwards it to the insurer, the insurer must explain itself, and the department decides whether the insurer was fair under your policy. If the insurer acted improperly, the department "can require the company to correct the problem."

Some states set deadlines for insurers to answer the regulator. California gives insurers 21 calendar days to respond to a Department of Insurance claim inquiry (10 CCR 2695.5 ↗). New York gives them 10 business days (11 NYCRR 216.4 ↗).

What regulators usually can't do

Be realistic about what a complaint can achieve. The Texas Department of Insurance ↗ says it can't:

• Make a company pay a claim unless not paying breaks the law or your policy.
• Settle disputes over facts, such as whether damage came from a storm or normal wear and tear.
• Help with complaints against someone else's insurance company.

TDI adds that it "can't make a company pay more than your policy allows," but it can ask the company to justify its payment, and the company "might take a second look" (TDI ↗).

United Policyholders ↗, a national nonprofit for policyholders, says the California department "does not typically resolve disputes" involving large dollar amounts or coverage questions, but it can help with "small to medium sized problems" and can "identify and punish patterns of bad behavior."

Regulators also don't act as your lawyer. If you're considering a lawsuit or suspect insurance bad faith, talk to an attorney.

Before you file: try the insurer first

The NAIC ↗ says to try to resolve the problem with your insurer first. Ask your adjuster, then a supervisor, in writing.

If your problem is a slow claim, our guide on a delayed insurance claim covers those first steps.

What to include in your complaint

The NAIC ↗ recommends that you:

• Gather your policy number, documents, bills and records.
• Create a record of all communication with your insurer, including emails, letters, phone calls, dates and times.
• Complete the complaint form with your name, address, type of insurance and reason for the complaint.
• Write a detailed account of what happened. "Stick to the facts and timelines. Don't include personal commentary."
• Use language from your policy when possible.
• State the outcome you want.

Helpful extras:

• Your claim number and date of loss.
• A one-page timeline: when you reported the claim, when the adjuster inspected, what you sent and when, and what the insurer said.
• Copies, not originals, of estimates, photos, denial letters and emails.
• The specific policy section you think applies.

Know that the department may share your complaint with the insurer. New York DFS says so directly (NY DFS ↗). Write it as if the insurer will read every word.

How to find your state's complaint page

Start at the NAIC complaint page ↗ and pick your state from the "Find Your State" menu. It links to every state department.

File with the state that regulates your policy. Florida's DFS, for example, says it can help with policies purchased in Florida, and if your policy was purchased in another state, you need to contact that state's insurance office (Florida DFS ↗).

Complaint pages in big states

These links were current when this guide was written. Always confirm on the official site.

California

The California Department of Insurance ↗ takes complaints online, and its consumer line is 1-800-927-4357. The department's Residential Property Claims Guide ↗ says a Request for Assistance (RFA) "provides the necessary information to open a claims review." California insurers must also tell you in any written claim denial that you can have the matter reviewed by the department (10 CCR 2695.7 ↗). See our California page.

Texas

The Texas Department of Insurance ↗ takes complaints through its online portal. You can call its Help Line at 800-252-3439, 8 a.m. to 5 p.m. Central, Monday through Friday. See our Texas page.

Florida

The Florida Department of Financial Services ↗ takes insurance concerns through its online Consumer Assistance Portal. Its Consumer Helpline is 1-877-693-5236. For many residential property disputes, Florida also offers a mediation program ↗, which is nonbinding. See our Florida page.

New York

New York DFS ↗ takes complaints through its online Consumer Complaint application on the DFS Portal, where you can also check status and add documents. When an insurer rejects part of a personal property claim, New York requires the notice to tell you how to file a DFS complaint (11 NYCRR 216.6 ↗).

Research an insurer's complaint record

The NAIC's Consumer Insurance Search ↗ shows closed, confirmed complaint information about insurers, along with license and financial information. The NAIC ↗ cautions that you should not judge a company on just one factor.

Will filing a complaint hurt my claim?

The NAIC ↗ says "an insurer cannot discriminate against you in the future for filing a complaint." California's rules also bar insurers from requiring you to withdraw a department complaint as a condition of settling a claim (10 CCR 2695.7 ↗).

When a complaint isn't enough

A complaint can get a stuck file moving or fix a clear rule violation. It usually won't resolve a big disagreement over the value of your damage. For that, options include your policy's appraisal clause, a state mediation program, a licensed public adjuster or an attorney.

A public adjuster charges a fee, usually a percentage of the claim, so it may not pay off on a small or simple claim. For a large claim where the amount is the problem, get matched with a licensed public adjuster.

This guide is general information, not legal advice. Complaint processes vary by state.

Frequently asked questions

Does it cost anything to file an insurance complaint?

No. The NAIC says state insurance departments investigate complaints for free.

Can I file a complaint by phone?

In many states, yes. The NAIC says most departments let you file online, by mail or by phone, depending on your state's process.

How long does an insurance complaint take?

It varies by state and case. Some states give insurers a set time to answer the regulator, such as 21 calendar days in California and 10 business days in New York.

Can the department of insurance force my insurer to pay more?

Only in limited cases. Texas says it can't make a company pay unless not paying breaks the law or your policy, and it can't settle factual disputes about cause of damage.

Should I file a complaint or hire a lawyer?

They do different things. A complaint asks a regulator to check whether the insurer followed the rules. A lawyer can advise you and sue if needed. Filing a complaint doesn't stop you from also talking to a lawyer.

Which state do I file in?

Generally, the state that regulates your policy. Florida DFS, for example, tells people with policies bought in another state to contact that state's insurance office.