Research Summary
Three Numbers That Decide What a Withdrawal Is Worth
The Washington State Office of the Insurance Commissioner states that if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report, and lists the amount the company paid among the report’s fields. Starting the claim is the trigger, so a closure without payment does not cancel the submission. The regulator does not publish what each carrier writes into the amount-paid field afterward, and the same page gives the LexisNexis dispute line, which must verify with the reporting insurer and report results within 30 days.[6]
The Consumer Financial Protection Bureau describes LexisNexis C.L.U.E. as collecting and reporting up to seven years of auto insurance claims.[13] The outer federal boundary is 15 U.S.C. § 1681c(a)(5), which bars a consumer report from containing any other adverse item of information that antedates the report by more than seven years.[9]
Under 15 U.S.C. § 1681i(a)(1)(A), a consumer reporting agency must conduct a free, reasonable reinvestigation before the end of the 30-day period beginning on the date it receives notice of the dispute from the consumer.[7] Complaining to your adjuster starts no clock at all.
What “Withdrawing” Actually Does Inside the System
Start with what you can observe. You call the claims line, say you have changed your mind, and within a few days a letter arrives saying the file is closed. Nothing is deducted from your bank account. No check arrives. On your side of the glass, the event looks like an erasure.
It is not an erasure. It is a status change on a row that already exists. The moment you reported the loss, an adjuster opened a claim file, assigned it a number, and attached it to your policy number, your vehicle, and a date of loss. Withdrawing does exactly one thing to that row: it moves the file from open to closed and leaves the indemnity field empty. Every other field — the date, the coded loss type, the vehicle, your name — was written when the file opened and stays written.
The industry has a name for that outcome, and it is a formal reporting category rather than an informal courtesy. The National Association of Insurance Commissioners — whose Market Conduct Annual Statement is a uniform data-collection program rather than an examination, and which reports fifty-one participating jurisdictions as of the 2024 data year[21] — defines “Claims Closed Without Payment” in its Market Conduct Annual Statement for private passenger auto as claims closed with no payment made to an insured or third party, and instructs carriers to include claims that are closed because the amount claimed is below the insured’s deductible.[4] Your withdrawal is not an anomaly the insurer is accommodating. It is a bucket the regulator requires them to count.
The same statement carries a separate, narrower line for exactly your situation. The private passenger auto data call asks each carrier for the number of claims closed during the period without payment, and then asks separately for the number closed without payment because the amount claimed is below the insured’s deductible.[4] Regulators built a dedicated field for the $840-estimate-against-a-$1,000-deductible scenario because it happens often enough to need one.
Notice what none of this is: a right. No statute in the standard American auto insurance framework grants a policyholder a right to withdraw a claim, because none is needed. The insurer’s contractual obligation runs one direction — it promises to pay covered loss. Declining to collect on a promise made to you requires no permission. What the regulatory architecture supplies is not the right but the bookkeeping: NAIC Model Regulation 902 § 4.A requires an insurer to maintain claim data that is accessible and retrievable for examination, and to be able to provide the claim number, line of coverage, date of loss and date of payment of the claim, and the date of denial or date closed without payment.[3] There is a field for the date you walked away. That is the whole legal status of a withdrawal.
The Substitution
You are not deleting a claim. You are electing which of two closing codes gets written on a row that already exists — closed with payment, or closed without payment. The row itself was created by your phone call and is no longer yours to control.
The Two Claims That Look Alike and Behave Oppositely
Everything about withdrawal turns on a single question: who is asking for the money. A first-party claim is one you make against your own coverage — collision after you strike a guardrail, comprehensive after hail. A third-party claim is a demand someone else makes against your liability coverage after you hit them. Both arrive at the same carrier, both get a claim number, and both feel like “your” claim. Only one of them is.
On a first-party claim, the insurer is performing a service you requested. You asked it to pay a loss; you can stop asking. The policy contains no clause compelling a policyholder to accept indemnity, and the regulator, as shown above, expects some share of files to close unpaid.
On a third-party claim, the contract points the other way, and it does so in the first sentence of the liability coverage. The standard Insurance Services Office Personal Auto Policy — form PP 00 01, the template most personal auto contracts in the United States are built on, published here by the Nevada Division of Insurance — states in its Part A insuring agreement that the insurer will pay damages for bodily injury or property damage for which any insured becomes legally responsible because of an auto accident, and that “We will settle or defend, as we consider appropriate, any claim or suit asking for these damages.”[2]
Read the four words that decide the question: as we consider appropriate. The choice to settle or defend is assigned by contract to the insurer, not to you. The same paragraph fixes the end point: the duty to settle or defend ends when the limit of liability for the coverage has been exhausted by payment of judgments or settlements.[2] Exhaustion is the off switch. A phone call from you is not on the list.
The obligation runs at you as well as past you. Part E of the same form, Duties After An Accident Or Loss, opens by stating that the insurer has no duty to provide coverage unless there has been full compliance with the listed duties, and the first of those duties for a person seeking coverage is to cooperate with the insurer in the investigation, settlement or defense of any claim or suit.[2] Instructing your carrier to drop a liability claim is not merely ineffective. It is the opposite of the duty the coverage is conditioned on, and the carrier that complied would be handing the injured party a direct, uninsured claim against you.
The practical version: if the other driver is the one asking for money, you have no withdrawal to make, regardless of how the accident is settling between you socially. Our research on whether your rate rises when someone hits your car covers the mirror-image situation, where the claim exists in your file but the fault does not.
Executing a Withdrawal Without Losing the Paper Trail
A withdrawal handled by phone and never documented produces the worst of both outcomes: no money, and no evidence of why. The sequence below is built from what the regulator requires the insurer to be able to produce, which is the same set of facts you should be able to produce.
Withdrawal Sequence
Closing a First-Party Claim Without Payment
| Step | Why It Matters, and the Rule Behind It |
|---|---|
| Confirm nothing has been paid yet[3] | A withdrawal is only available while the payment field is still empty. NAIC Model Regulation 902 § 7.F — a model that reaches your carrier only through the version your state adopted into its own unfair claims-practices rules — requires payment within 30 days of affirming liability where the amount is determined and not in dispute. Where that text is in force, the interval between the adjuster’s affirmation and the draft is short, and it is the whole window you have. |
| Ask the adjuster to close the file without payment[4] | This is the operative phrase, because it is the category the regulator counts. The NAIC Market Conduct Annual Statement for private passenger auto defines Claims Closed Without Payment as claims closed with no payment made to an insured or third party, and expressly includes claims that are closed because the amount claimed is below the insured’s deductible. |
| Return any draft, uncashed[3] | Payment and administrative closure are separate events. The NAIC Market Conduct Annual Statement instructs that a claim which remains open at the end of the reporting period even though a final payment has been issued is still reported as open, and is reported closed only once it is closed in the company’s claims system. What an accepted payment forecloses is not the file — it is the closed-without-payment column, permanently. Model 902 § 5.E separately bars an insurer from indicating on a payment draft, check, or accompanying letter that a payment is “final” or “a release” unless the policy limit has been paid or a compromise settlement was agreed to — which means read the draft before you deposit it. |
| Ask for the closing letter in writing[3] | Model 902 § 4.A requires an insurer to maintain claim data that is accessible and retrievable for examination, and to be able to provide the claim number, line of coverage, date of loss and date of payment of the claim, date of denial or date closed without payment. Your closing letter is the consumer-side copy of the exact field a market conduct examiner will later read. |
| Check the claims exchange entry 30 to 60 days later[6] | The Washington State Office of the Insurance Commissioner states that if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report, and lists the amount the company paid among the report’s fields. Starting the claim is the trigger, so a closure without payment does not cancel the submission. The regulator does not publish what each carrier writes into the amount-paid field afterward — which is the reason to read it yourself. The same page gives the LexisNexis dispute line and states that LexisNexis will verify your information with the reporting insurance company and notify you of the results within 30 days. |
One clarification is worth getting before you describe any damage. The NAIC’s own definition of a “claim” is a request or demand for payment of a loss that may be included within the terms of coverage, and it expressly excludes an event reported for information only, and an inquiry of coverage if a claim has not actually been presented or opened for payment.[4] The Washington State Office of the Insurance Commissioner echoes the consumer-facing version: LexisNexis advises insurance companies not to report claims information when you contact them simply to ask a question about coverage or your deductible.[6]
The line between an inquiry and a claim is drawn by what the representative does in the software, not by what you intended when you dialed. Ask, in those words, whether a claim file is being opened. That single question is the only version of “withdrawing” that leaves no record at all, and it is only available before the file exists.
The Record You Cannot Withdraw
Your insurer is not the only party holding the file. Auto claims are pooled in a contributory exchange — a shared database that member carriers both write to and read from — and the write happens at the front of the claim, not at the end.
The Washington State Office of the Insurance Commissioner states the trigger in three verbs: if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report.[6] “Starts” is doing the damage. The reportable event is the opening of the file, which happened during your first phone call, days or weeks before you decided to withdraw. By the time you change your mind, the submission logic has already fired.
What a withdrawal can change is a single field. The same regulator publishes the report’s contents: your name, date of birth, policy number, date of loss, type of loss, the amount the company paid, a description of the covered property, and the vehicle information.[6] Seven of those eight describe an event that happened; one describes money. What the regulator does not publish is what a given carrier writes into the money field after a closure without payment — which is exactly why the useful instruction is to read your own report rather than to assume a zero appeared in it. The same page sets out the correction path: contact LexisNexis, which will verify your information with the reporting insurance company and notify you of the results within 30 days, and which will attach an explanation you supply to the item so that it shows in all future reports.[6] The entry is both checkable and changeable; what it is not is self-erasing.
That is the exact reason the popular framing of this question is wrong. Drivers ask whether withdrawing “keeps it off my record,” which quietly assumes the record is a ledger of payouts. It is a ledger of loss events with a payout column attached. Our separate research on what other insurance companies can see in your claims history covers who queries that file, when, and under what federal authority.
The duration is set outside your insurer as well. The Consumer Financial Protection Bureau lists LexisNexis C.L.U.E. among consumer reporting companies and describes it as collecting and reporting up to seven years of auto insurance claims to help inform pricing and underwriting decisions for the insurance industry.[13] The Washington regulator states the report generally contains up to seven years of personal-auto and personal-property claims history.[6] The outer federal ceiling is 15 U.S.C. § 1681c(a)(5), which bars a consumer reporting agency from including any other adverse item of information, other than records of convictions of crimes, which antedates the report by more than seven years.[9]
Do not confuse that reporting ceiling with your own carrier’s rating window, which is usually shorter and set by a filed rate plan rather than by federal law. The difference is the subject of our research on when car accidents fall off insurance, which is the more useful number when you are deciding whether to shop.
What a Zero-Dollar Entry Does to Your Price
Here is the uncomfortable actuarial premise underneath everything: from an underwriter’s position, the informative event is the collision, not the payment. A driver who scraped a guardrail and paid cash still scraped a guardrail. Absent a rule forbidding it, an insurer can read a zero-dollar entry as evidence of exposure and price accordingly — through a surcharge, the loss of a claims-free discount, or a move to a higher-priced tier.
Federal law does not forbid it. The Fair Credit Reporting Act is a data-quality statute, not a rating statute: it governs how long the entry may be reported, how accurate it must be, and how you correct it. It says nothing about what an underwriter may conclude from an accurate entry.
There is a model law aimed squarely at this practice, and it is routinely misdescribed. The National Council of Insurance Legislators readopted its Model Act Regarding the Use of Insurance Claims History Information in Homeowners and Personal Lines Residential Property Insurance on July 20, 2024. Section 5(B) provides that an insurer shall not deny, cancel, or non-renew coverage, or establish rates, based in whole or in part on claims that have been closed without payment to or on behalf of an insured or third party — unless more than one such incident occurred within the previous three years, or the claim closed without payment affects the nature of the risk and is predictive of future loss.[5]
Read the title, not the summary. The model covers homeowners and personal lines residential property insurance. It does not reach personal auto, and its own definitions are written around premises rather than vehicles. Several widely circulated explanations of withdrawn auto claims cite this model act as though it protected drivers. It does not. We flag the mismatch here because it is the single most common sourcing error in consumer coverage of this question.
Two provisions of that model are still worth knowing, because they show what a legislature does when it decides to protect a consumer here, and because several states have imported the logic into their own codes for property lines. Section 3(B) defines a claim as a request to an insurer for payment of a benefit by an insured or third party and states that a mere report of loss or a question relating to coverage shall not constitute a claim. Section 8 goes further on the reporting side, barring an insurer from disclosing to any claims history report provider that an inquiry was made, and barring the provider from knowingly furnishing a report that discloses an inquiry.[5] That is the architecture of a real protection: define the event out of existence, and then forbid its transmission.
In personal auto, what exists instead is a patchwork of narrow, coverage-specific state rules. None of them is a general prohibition on pricing a withdrawn claim.
Rating Protections
What Actually Limits Pricing a Zero-Dollar Auto Claim
| Source of the Rule | What It Does, and Exactly How Far It Reaches |
|---|---|
| Federal law (all states)[9] | No federal statute limits what an auto insurer may charge for a claim closed without payment. The Fair Credit Reporting Act governs the reporting of the entry — accuracy under 15 U.S.C. § 1681e(b), the seven-year ceiling under § 1681c(a)(5), the dispute machinery under § 1681i — not the underwriting decision made from it. Federal law makes the entry correctable, not harmless. |
| NCOIL model act — residential property only[5] | Section 5(B) of the NCOIL model bars an insurer from rating or declining coverage based in whole or in part on claims closed without payment, unless more than one such incident occurred in the previous three years or the closed claim affects the nature of the risk and is predictive of future loss. Read the title before relying on it: the model is the Model Act Regarding the Use of Insurance Claims History Information in Homeowners and Personal Lines Residential Property Insurance. It does not reach personal auto. |
| Maryland — personal injury protection claims[11] | Maryland Insurance Code § 19-507(c) defines a premium increase to include a surcharge, retiering or other reclassification of the policy, and the removal or reduction of a discount; the insurer may not increase the premium on the policy due to a claim or payment made under personal injury protection coverage, and must notify the policyholder in writing at the time the policy is issued that it may not do so. The protection is coverage-specific, not a general withdrawn-claim shield. |
| New York — small property-damage accidents[12] | New York Insurance Law § 2335(a) bars an insurer from increasing the policy premium solely because the insured or a customary operator has had an accident that does not result in aggregate damage to property in excess of two thousand dollars — with a surcharge still permitted for any accident resulting in bodily injury, or where the insured has more than one accident in the merit rating experience period. The trigger is the size of the damage, not whether you withdrew. Section 2335 sits under the sunset in Insurance Law § 2342; Chapter 150 of the Laws of 2026, signed June 26, 2026, moved that sunset from June 30, 2026 to June 30, 2029, so a bill-tracking page still showing an expiration of July 1, 2026 is not describing current law. |
| California — conduct during the claim[10] | Title 10 of the California Code of Regulations § 2695.7 does not restrict rating, but it does restrict pressure: no insurer shall require that a claimant withdraw, rescind or refrain from submitting any complaint to the California Department of Insurance regarding the handling of a claim as a condition precedent to the settlement of any claim. A withdrawal you were leaned into is a different event from one you chose. |
The pattern across those provisions is worth naming. Legislatures protect drivers from surcharges tied to a category of coverage(Maryland’s personal injury protection rule) or to a size of loss(New York’s two-thousand-dollar threshold). They have generally not protected drivers on the basis that no money changed hands. If you are withdrawing specifically to avoid a surcharge, you are relying on a carrier’s filed rate plan, not on a statute — which means the only reliable way to know is to ask what your carrier does with closed-without-payment files before you decide.
The Point of No Return: Payment, and the Release Attached to It
The window closes when money moves — but be precise about which of four separate events that is. Payment, the claimant’s acceptance of it, a signed release, and administrative closure in the carrier’s system are distinct, and the NAIC’s own instructions say so: a claim that remains open at the end of the reporting period even though a final payment has been issued is reported as open, and is reported closed only once it is closed in the company’s claims system. The instructions give the working example of a file left open for two months after final payment to allow time for supplemental requests.[4] So an accepted payment does not close your file. What it does is move the claim out of the closed-without-payment column permanently, which is the column a withdrawal was aiming at.
The timing is tighter than most drivers expect, though the rule behind it is a model rather than a law. NAIC Model Regulation 902 § 7.F provides that an insurer shall affirm or deny liability on claims within a reasonable time and shall tender payment within thirty days of affirmation of liability if the amount of the claim is determined and not in dispute.[3] Model 902 has no force of its own. It reaches your carrier only through the version your state adopted into its unfair claims-practices rules, it is a duty owed by the insurer rather than a withdrawal window granted to you, and nothing in it entitles a policyholder to demand that a file be closed.
California’s regulation looks faster, and then excludes exactly the claim in this example. Title 10 § 2695.7(b) requires an insurer to accept or deny a claim in whole or in part immediately and in no event more than forty calendar days after receiving proof of claim, and § 2695.7(h) requires tender of payment within thirty calendar days of acceptance — but both subsections carve out auto repair bills. Section 2695.7(b)(4) provides that the subsection (b) time frame shall not apply to automobile repair bills arising from policies of automobile collision and comprehensive insurance subject to Section 560 of the California Insurance Code, and § 2695.7(h)(1) provides that the subsection (h) time frame shall not apply to automobile repair bills subject to Section 560, while all other provisions of § 2695.7(h) remain applicable.[10] For an $840 collision repair bill in California, then, the forty-day and thirty-day numbers are the wrong ones to plan around. What actually sets the pace is the carrier’s own handling — and, in a state that adopted Model 902, its thirty-day tender after affirmation. On an uncontested bumper, that interval is measured in days.
What closes the door permanently is the release — a signed agreement exchanging money for the extinguishment of any further claim arising from the same incident. Regulators police how that document is presented precisely because it is final. Model 902 § 5.E provides that no insurer shall indicate to a first-party claimant on a payment draft, check, or in any accompanying letter that the payment is “final” or “a release” of any claim unless the policy limit has been paid or there has been a compromise settlement agreed to by the first-party claimant and the insurer as to coverage and amount payable. Section 5.F adds that no insurer shall issue checks or drafts in partial settlement of a loss under a specific coverage that contain language purporting to release the insurer or its insured from total liability.[3]
Those two subsections describe the failure mode they were written to stop: a driver who deposits what they believe is a partial payment for the bumper and discovers the endorsement line released the frame damage too. Before you cash anything on a claim you are still thinking about abandoning, read the draft, the stub, and the cover letter. The release language, if any, is in one of those three places.
If the insurer has denied rather than paid, the analysis is different and there is nothing to withdraw — the file closes without payment regardless of your preference. Our research on when a car insurance company can deny a claim covers that path, and suing your own car insurance company covers what follows a denial you believe was wrong.
When the Car Is Too Damaged to Walk Away From
There is a version of this story where the withdrawal is not available on any terms, and it starts the moment an adjuster concludes the vehicle is not economically repairable. A driver hits a deer, files comprehensive, learns the deductible is $2,000, and decides to rebuild the front end in their own garage over the winter. Whether that plan survives depends on one thing: whether ownership of the car changes hands.
Iowa states one such mechanism about as plainly as any, and it turns on the transfer rather than on the claim: Iowa Code § 321.52(4)(b) provides that a vehicle on which ownership has transferred to an insurer of the vehicle as a result of a settlement with the owner arising out of damage to, or unrecovered theft of, the vehicle shall be deemed to be a wrecked or salvage vehicle, and requires the insurer to obtain a salvage certificate of title within thirty days after the assignment of the certificate of title.[14]
Read the conditional at the front of that sentence. Under that provision the brand attaches because the insurer bought the car, which happens because you accepted a total-loss settlement. Withdraw before the settlement and keep the vehicle, and in Iowa’s design there is no transfer, so there is no salvage certificate to obtain. Iowa is one state. Branding triggers and damage thresholds are written state by state, and a number of states brand on a damage-to-value percentage regardless of who ends up holding the title, so the transfer point is a starting question for your own vehicle code rather than a national rule.
Federal reporting is a separate track, and it is wider than the possession test alone. 28 CFR § 25.55(a) is two sentences doing two different jobs. The first sets the monthly inventory: any individual or entity acting as an insurance carrier conducting business within the United States must provide “a report that contains an inventory of all automobiles of the current model year or any of the four prior model years that the carrier, during the past month, has obtained possession of and has decided are junk automobiles or salvage automobiles.” The second adds a duty the regulation does not condition on possession at all: “An insurance carrier shall report on any automobiles that it has determined to be a total loss under the law of the applicable jurisdiction (i.e., state) or designated as a total loss by the insurance company under the terms of its policies.”[15] So the total-loss determination is itself a reporting trigger. Possession and the five-model-year span limit the monthly inventory; the total-loss sentence is not written that way. If an adjuster has declared your car a total loss, do not assume that keeping the keys keeps the vehicle out of the National Motor Vehicle Title Information System.
So the honest version is split in two. Severe damage does not by itself strip your ability to close the file without payment, and in Iowa’s scheme it is accepting the total-loss check that brands the title, because that is the act that moves ownership. The federal record is the part a withdrawal does not reach: once the carrier has determined a total loss, § 25.55(a) directs it to report the vehicle whether or not it ever takes possession. If you want the car, the question to put to the adjuster is not whether you can withdraw but whether the carrier will process an owner-retained salvage arrangement — and the valuation math behind that decision is the subject of our research on how insurers determine the value of a totaled car and on buying your car back from the insurance company. Whether the carrier can force the designation at all is covered in can an insurance company force you to total your car.
The Second Barrier: What Happens to the Claim After It Is Paid
The other situation in which withdrawal becomes impossible arrives after payment, and it is worth understanding because drivers attempt it for sympathetic reasons. You are rear-ended by an uninsured driver. Your own uninsured motorist coverage pays your repairs and medical bills. Weeks later you learn the at-fault driver is being pursued for the money, you feel responsible, and you ask your insurer to drop it.
What you can drop shrank; it did not vanish. The standard ISO Personal Auto Policy provides, under Our Right To Recover Payment, that if the insurer makes a payment under the policy and the person to or for whom payment was made has a right to recover damages from another, the insurer “shall be subrogated to that right.” The companion paragraph supplies the measure: a person paid who then recovers damages from another shall hold the proceeds in trust for the insurer and “reimburse us to the extent of our payment.”[2] Extent of payment is the boundary of the transfer. Your insurer steps into your recovery rights against the at-fault driver up to what it paid you. What it did not pay — your deductible, your uninsured losses, and any damages above the amount indemnified — is still your claim to pursue or to let go. Many states narrow the insurer’s share further with a made-whole rule, under which a limited recovery goes to the insured until they are made whole before the insurer takes any of it; that doctrine is state law and its strength varies, so it is a question for your own state’s decisions rather than for the policy form.
The same provision imposes an affirmative duty on you to protect it. The person paid “shall do: 1. Whatever is necessary to enable us to exercise our rights; and 2. Nothing after loss to prejudice them.”[2] Nine words carry the whole restriction, and they are the practical warning worth keeping. Signing a private release with the at-fault driver, or telling their carrier you are dropping the matter, impairs the recovery your insurer is entitled to and breaches a condition of your own coverage — even though the portion of the claim representing your deductible and uninsured losses was never transferred. The sympathetic version of this move is the dangerous one: forgiving the at-fault driver on paper gives away something that is no longer entirely yours to forgive.[2]
There is a related clause in the same policy that explains why post-payment maneuvering rarely works from the other direction either. Under Legal Action Against Us, no legal action may be brought against the insurer until there has been full compliance with all the terms of the policy.[2] Compliance includes the duties you just read. Withdrawal, at this stage, is not a request the contract has a slot for.
Reopening a Claim You Withdrew
Suppose the withdrawal turns out to have been a mistake. You paid the $840 for the bumper cover, and three weeks later the shop calls: the impact bent a radiator support, and the real number is $3,600.
Start with what the contract does and does not say. Nothing in the ISO Personal Auto Policy form makes an administrative closure a waiver: no release was signed, and the form contains no clause under which closing a file discharges the promise to indemnify a covered loss.[2] So the closure is not the obstacle. Whether a particular carrier reopens a particular file is a handling question governed by its own claims procedure, and what it will want is documentation connecting the newly discovered damage to the original date of loss — which is exactly why the closing letter and the original estimate matter.
What does not wait is the deadline to sue, and it comes from two places rather than one. The first is the policy. PP 00 01’s Legal Action Against Us provision states that no legal action may be brought against the insurer until there has been full compliance with all the terms of the policy, and, under Part A, until the insurer agrees in writing that the insured has an obligation to pay or that obligation has been finally determined by judgment after trial.[2] That edition sets no suit-limitation period of its own — but many carrier editions and state-required endorsements add one, commonly one or two years running from the date of loss, and it runs whether the file is open or closed. Find that clause in your own declarations and endorsement list rather than assuming its absence. The second source is your state’s statute of limitations, which differs by state and by the kind of action: a contract suit against your own insurer runs on a different clock from a negligence action against another driver.
Model 902 § 7.D is sometimes cited here, and it is about something else. It forbids an insurer from continuing settlement negotiations directly with an unrepresented claimant whose rights may be affected by a statute of limitations unless it has given written notice at least thirty days beforehand for a first-party claimant and sixty days for a third-party claimant.[3] That is a restriction on insurer conduct near a deadline, not a source of reopening rights. What it tells you is that the clock keeps running while the conversation does.
Reopening also interacts with the reporting side in a way worth anticipating. The NAIC’s market conduct instructions treat a claim reopened for a subsequent supplemental payment as a new claim for counting purposes, with its own aging calculated from the date the request for supplemental payment was received.[4] Reviving a withdrawn file is not free of consequences in the data; it converts a zero-dollar entry into a paid one. Our research on how long a car insurance claim stays open covers the full lifecycle, including the hidden-damage supplements that produce this exact situation.
When the Withdrawal Is Reported Wrong
The most expensive outcome of a withdrawal is not the zero-dollar entry. It is a zero-dollar event reported as a payout. The fields that drive an underwriting rule — the coded loss type and the amount paid — are short values transmitted between systems, and a claim that closed unpaid but reports as settled prices you as though the insurer wrote a check it never wrote.
That error is correctable, and unusually winnable, because the fact in dispute is the carrier’s own payment ledger rather than anybody’s recollection of a crash. The correction runs through the Fair Credit Reporting Act, and the Act opens two routes rather than one: a reinvestigation demand to the consumer reporting agency under 15 U.S.C. § 1681i, and a direct dispute to the insurer that furnished the entry under § 1681s-2(a)(8) and the Bureau regulation that provision required, 12 C.F.R. § 1022.43.[19] Neither route is a phone call to your agent or to the adjuster who closed the file. The agency route is the one to start with, because it obliges two parties at once.
Federal Dispute Clock
Correcting a Withdrawn Claim Reported as Paid
| Stage | Statutory Deadline and Duty |
|---|---|
| You notify the consumer reporting agency[7] | Under 15 U.S.C. § 1681i(a)(1)(A) the agency must, free of charge, conduct a reasonable reinvestigation before the end of the 30-day period beginning on the date it receives notice of the dispute. Notice to your own adjuster does not start this clock. The dispute goes to the agency that publishes the report. |
| The agency notifies the carrier that reported the entry[7] | Section 1681i(a)(2)(A) requires the agency to provide notification of the dispute to the furnisher before the expiration of the 5-business-day period beginning on the date it receives your notice. That notification, not your phone call, is what switches on the carrier’s federal duties. |
| The carrier investigates and reports back[8] | Under 15 U.S.C. § 1681s-2(b)(1) the furnisher must investigate, review all relevant information the agency forwarded, and report the results; § 1681s-2(b)(2) ties its deadline to the agency’s § 1681i(a)(1) period. For a miscoded withdrawal, the carrier is being asked to confirm its own payment ledger, which is the easiest fact in the file to verify. |
| An unverifiable entry comes out[7] | Section 1681i(a)(5)(A) requires that where an item is found to be inaccurate or incomplete or cannot be verified, the agency shall promptly delete or modify it as appropriate and promptly notify the furnisher. The carrier faces the mirror duty under § 1681s-2(b)(1)(E) to modify, delete, or permanently block the item. |
| You get the results in writing[7] | Under § 1681i(a)(6)(A) the agency must provide written notice of the results not later than 5 business days after the reinvestigation is complete. Keep it: it is the document that proves the payout field read zero on a specific date, which is the fact a future underwriter is pricing. |
The second route reaches the carrier directly, and it runs on its own rule. 12 C.F.R. § 1022.43(a) requires a furnisher to conduct a reasonable investigation of a direct dispute relating to the consumer’s performance or other conduct concerning an account or other relationship with the furnisher — the regulation’s own examples include “the amount of a payment made” — or to any other information in a consumer report regarding that relationship. A dispute over what your insurer reported it paid on your policy is that kind of dispute.[19] Three conditions decide whether it counts as one. Under § 1022.43(c) the notice must go to the address the furnisher set out on the consumer report, or an address it clearly and conspicuously specified for direct disputes, and to any business address only where it specified none. Under § 1022.43(d) the notice must identify the account or other relationship, state the specific information disputed and the basis for it, and include the supporting documentation the furnisher reasonably requires — your closing letter and the report page. Under § 1022.43(e) the furnisher must then investigate, review what you sent, report results to you before the § 1681i(a)(1) period expires, and, if it finds the information was inaccurate, promptly notify every consumer reporting agency it supplied and provide the correction.[19] Section 1022.43(f) lets the furnisher decline a dispute it reasonably determines is frivolous or irrelevant, expressly including one that lacks the § 1022.43(d) contents. That is the precise reason a call to the adjuster still achieves nothing: it satisfies no subsection of either route.
Two practical notes about the agency sequence. The statute does not require your dispute to be in writing — § 1681i(a)(1)(A) runs from the date the agency receives notice of the dispute — but writing is what proves the date the clock started and what field you actually challenged.[7] And the underlying standard the whole process enforces is 15 U.S.C. § 1681e(b), which requires a consumer reporting agency preparing a consumer report to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.[16]
You also have a right to look before there is anything to dispute. Under 15 U.S.C. § 1681j(a)(1) a nationwide specialty consumer reporting agency must make the disclosures required by § 1681g once during any 12-month period without charge, and § 1681j(a)(2) requires delivery not later than 15 days after the request; § 1681j(b) adds a second free copy where you request it within 60 days of an adverse action notice.[17] If your carrier raises your premium based in whole or in part on that report, 15 U.S.C. § 1681m(a) requires it to tell you, to name the agency that furnished the report with its address and telephone number, to state that the agency did not make the decision and cannot explain the specific reasons, and to disclose your rights to a free copy and to dispute.[18] For insurance, § 1681a(k)(1)(B)(i) defines adverse action to include a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of insurance — so a renewal priced upward off a miscoded withdrawal is an adverse action, and it carries a notice.[1]
Pair those two rights and you get the only reliable way to audit a withdrawal: request the file yourself a month or two after the closing letter, and check that the amount-paid field reads zero and the loss type matches what happened. Waiting for an adverse action notice means learning the same fact after it has already cost you a renewal cycle.
What to Do With This
- Decide before you describe the damage, not after. The NAIC definition of a claim excludes an event reported for information only and an inquiry of coverage where a claim has not actually been presented or opened for payment. Ask explicitly whether a file is being opened.[4]
- Use the regulator’s phrase: close the file without payment. It is a counted reporting category, and the private passenger auto data call has a dedicated line for claims closed without payment because the amount claimed is below the insured’s deductible.[4]
- Do not attempt this on a liability claim someone filed against you. The policy assigns the choice to settle or defend to the insurer “as we consider appropriate,” and conditions your coverage on cooperating with it.[2]
- Read the draft before you deposit anything.Model 902 § 5.E and § 5.F restrict release language on payment drafts and accompanying letters precisely because deposit can end the matter.[3]
- Get the closing letter, and keep the original estimate.Model 902 § 4.A requires the insurer to be able to produce the date closed without payment; your copy is what you will attach to any later dispute or reopening.[3]
- Pull your own claims file 30 to 60 days later.One free disclosure every 12 months, delivered within 15 days of the request, under 15 U.S.C. § 1681j(a)(1) and (a)(2). Check the amount-paid field and the loss-type code.[17]
- Dispute in writing — and note that there are two addresses, not one. Notice to the consumer reporting agency starts the 30-day reinvestigation clock in § 1681i(a)(1)(A) and triggers the carrier’s duties under § 1681s-2(b).[8] A direct dispute sent to the carrier’s designated dispute address under 12 C.F.R. § 1022.43(c), carrying the § 1022.43(d) contents, obliges the carrier itself to investigate and report back within that same period.[19] Neither clock starts from a call to the adjuster.
- Do not assume a model act protects you. The NCOIL provision barring rating on claims closed without payment governs homeowners and personal lines residential property insurance, not personal auto.[5]
- If the loss was cosmetic, price the whole decision before filing next time. Our research on using car insurance for a scratch walks the deductible-versus-surcharge arithmetic that most withdrawals are an attempt to undo after the fact.
Frequently Asked Questions
Can you withdraw a car insurance claim?
You can ask your own insurer to close a first-party claim without paying it, and that outcome is a formal reporting category: the NAIC Market Conduct Annual Statement for private passenger auto defines Claims Closed Without Payment as claims closed with no payment made to an insured or third party, and expressly includes claims closed because the amount claimed is below the insured’s deductible. What you cannot withdraw is the record. The Washington State Office of the Insurance Commissioner states that if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report.
Is there a law that gives me the right to withdraw?
No. A withdrawal is an administrative closure rather than a statutory right, and none is needed: the insurer’s contractual promise runs toward you, and declining to collect on a promise requires no permission. What the regulatory framework supplies is the bookkeeping — NAIC Model Regulation 902 § 4.A requires an insurer to be able to provide the claim number, line of coverage, date of loss and date of payment, and the date of denial or date closed without payment.
Can I stop a claim the other driver filed against my liability coverage?
No. The ISO Personal Auto Policy Part A insuring agreement states that the insurer will settle or defend, as we consider appropriate, any claim or suit asking for damages the insured is legally responsible for, and that the duty ends only when the limit of liability has been exhausted by payment of judgments or settlements. Part E conditions coverage on your cooperation with the insurer in the investigation, settlement or defense of any claim or suit, so instructing the carrier to drop it works against your own coverage.
How long do I have to withdraw before it is too late?
Until payment — and no model rule gives you a right to demand closure before then. In states that adopted NAIC Model Regulation 902, § 7.F requires the insurer to tender payment within thirty days of affirming liability where the amount is determined and not in dispute; that is a duty owed by the carrier, not a window granted to you. California’s regulation is often quoted here and does not reach this claim: § 2695.7(b)(4) excludes automobile repair bills arising from collision and comprehensive policies from the forty-day determination time frame, and § 2695.7(h)(1) excludes automobile repair bills from the thirty-day payment time frame. On an uncontested minor repair the practical interval between affirmation and a draft is measured in days.
If I return the check, is the claim withdrawn?
Only if the payment is genuinely voided before it is accepted. Payment, acceptance, a signed release and administrative closure are four separate events: the NAIC market conduct instructions report a claim as open at period end even where a final payment has been issued, and as closed only once it is closed in the company’s claims system. What an accepted payment ends is the claim’s eligibility to be counted as closed without payment. NAIC Model Regulation 902 § 5.E bars an insurer from indicating on a draft, check, or accompanying letter that a payment is final or a release unless the policy limit has been paid or a compromise settlement was agreed to as to coverage and amount — which is exactly why the draft and its cover letter should be read before deposit.
Does withdrawing keep the claim off my C.L.U.E. report?
No. The Washington State Office of the Insurance Commissioner states that if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report — and starting the claim is what your first phone call did. The report’s fields include your name, date of birth, policy number, date of loss, type of loss, the amount the company paid, a description of the covered property, and vehicle information. What the regulator publishes is the trigger and the field list, not what each carrier writes into the amount-paid field after a closure without payment — so read your own report, and use the LexisNexis dispute line on the same page, which must verify with the reporting insurer and report results within 30 days, if the amount or the loss type is wrong.
How long does the zero-dollar entry stay there?
Up to seven years in practice. The Consumer Financial Protection Bureau describes LexisNexis C.L.U.E. as collecting and reporting up to seven years of auto insurance claims, and the Washington regulator states the report generally contains up to seven years of personal-auto and personal-property claims history. The outer federal boundary is 15 U.S.C. § 1681c(a)(5), which bars any other adverse item of information that antedates the report by more than seven years. Your own carrier’s rating window is often shorter and is set by its filed rate plan, not by federal law.
Will my premium still go up if nothing was paid?
It can. The Fair Credit Reporting Act governs the accuracy, age, and correctability of the entry, not the underwriting judgment made from it, so no federal rule bars pricing a claim closed without payment. The NCOIL model act that does bar it applies to homeowners and personal lines residential property insurance by its own title, not personal auto. State auto protections are narrow: Maryland Insurance Code § 19-507(c) bars a premium increase for a personal injury protection claim, and New York Insurance Law § 2335(a) bars an increase solely for an accident causing no more than two thousand dollars in aggregate property damage, with exceptions for bodily injury or more than one accident in the merit rating experience period.
Does withdrawing prevent a salvage title if the car is badly damaged?
In Iowa it can, if no settlement transfers ownership. Iowa Code § 321.52(4)(b) provides that a vehicle on which ownership has transferred to an insurer as a result of a settlement with the owner arising out of damage to, or unrecovered theft of, the vehicle shall be deemed to be a wrecked or salvage vehicle, and requires the insurer to obtain a salvage certificate of title within thirty days. Branding triggers and damage thresholds are set state by state, so check your own vehicle code. The federal record is a separate matter and is not limited to possession: 28 CFR § 25.55(a) requires a monthly inventory of vehicles of the current or four prior model years the carrier obtained possession of and decided are junk or salvage, and then adds that an insurance carrier shall report on any automobiles it has determined to be a total loss under the law of the applicable jurisdiction or designated as a total loss under the terms of its policies.
I already got paid, but I want to undo the claim. Can I?
Not by returning the money, and not as to the part the insurer paid. Under the ISO Personal Auto Policy’s Our Right To Recover Payment provision, once the insurer pays and the person paid has a right to recover damages from another, the insurer is subrogated to that right; the companion paragraph fixes the measure by requiring a person who later recovers to hold the proceeds in trust and reimburse the insurer to the extent of its payment. Extent of payment is the boundary — your deductible, your uninsured losses and damages above what was paid remain yours, and many states apply a made-whole rule that puts the insured first out of a limited recovery. What you must not do is release the at-fault driver or otherwise impair the recovery: the same provision requires you to do whatever is necessary to enable the insurer to exercise its rights and nothing after loss to prejudice them.
Can I reopen a claim I withdrew if hidden damage turns up?
Nothing in the policy form turns an administrative closure into a waiver — no release was signed, and PP 00 01 contains no clause discharging the promise to indemnify a covered loss when a file closes. Whether a given carrier reopens a given file is a handling question under its own claims procedure. What keeps running is the deadline to sue: the policy’s Legal Action Against Us provision bars suit until full compliance with all policy terms, the 06 98 edition adds no suit-limitation period of its own but many carrier editions and state endorsements impose one running from the date of loss, and your state’s statute of limitations runs independently. Note also that the NAIC market conduct instructions treat a claim reopened for a subsequent supplemental payment as a new claim for counting purposes, with its own aging from the date the supplemental request was received.
The report shows a payout on a claim I withdrew. How do I get it corrected?
Two formal routes exist, and the adjuster is on neither. Through the consumer reporting agency: under 15 U.S.C. § 1681i(a)(1)(A) the agency must complete a free, reasonable reinvestigation within 30 days of receiving your notice; § 1681i(a)(2)(A) requires it to notify the reporting carrier within 5 business days; § 1681i(a)(5)(A) requires prompt deletion or modification of an item found inaccurate, incomplete, or unverifiable; § 1681i(a)(6)(A) requires written results within 5 business days of completion; and the carrier’s mirror duties sit in § 1681s-2(b). Directly to the carrier: 15 U.S.C. § 1681s-2(a)(8) and 12 C.F.R. § 1022.43 require a furnisher to reasonably investigate a direct dispute about the consumer’s performance or other conduct concerning an account or other relationship with it — the rule gives the amount of a payment made as an example — so long as the notice goes to the furnisher’s designated dispute address under § 1022.43(c) and contains the § 1022.43(d) contents, and the furnisher must report results within the same § 1681i(a)(1) period and correct the record with every agency it supplied.
Can an insurer pressure me into withdrawing?
Not without limits, and at least one regulation addresses the tactic directly. Title 10 of the California Code of Regulations § 2695.7 provides that no insurer shall require that a claimant withdraw, rescind or refrain from submitting any complaint to the California Department of Insurance regarding the handling of a claim as a condition precedent to the settlement of any claim. The complaint that regulation protects is the one to make: a withdrawal you were pressured into is a different event from one you chose, and the record of your complaint is what establishes which it was.
Scope & Limitations
This report covers personal auto insurance in the 50 U.S. states and the District of Columbia. Policy language is quoted from the standard Insurance Services Office Personal Auto Policy form PP 00 01 as published by a state regulator; individual carriers use their own editions and endorsements, and your own policy controls. National Association of Insurance Commissioners model regulations and National Council of Insurance Legislators model acts have no force of their own — they bind an insurer only as adopted by a particular state, and adoption varies in both text and timing. The state provisions shown are illustrative of the categories of protection that exist rather than a fifty-state compilation. Total-loss thresholds, salvage-branding rules, and deadlines for bringing an action on a loss are set state by state and are not resolved here; Iowa is used as a worked example of a transfer-triggered brand rather than as a national rule. Federal Fair Credit Reporting Act procedures are described as published in the U.S. Code and in Regulation V; whether a particular insurer’s claims-history furnishing falls within 12 C.F.R. § 1022.43(a) turns on the information disputed and on the furnisher’s designated dispute address. Verify current requirements against your state’s insurance code and motor vehicle code, and against your own policy and claims report, before acting.
Legal Disclaimer
This content is provided for informational and educational research purposes only. It does not constitute legal advice, insurance advice, or a coverage determination, and it does not create an attorney-client relationship. Statutes, regulations, policy forms, and carrier underwriting rules change; verify current requirements with your state’s official code, your state insurance regulator, and your own insurer before taking any action.
Primary Source Directory
- 15 U.S.C. § 1681a — Definitions; rules of construction (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (d)(1) defines a consumer report; subsection (k)(1)(B)(i) defines adverse action for insurance to include a denial or cancellation of, an increase in any charge for, or an unfavorable change in the terms of coverage; subsection (x) defines a nationwide specialty consumer reporting agency to include one maintaining nationwide files relating to insurance claims.
- Personal Auto Policy, ISO form PP 00 01 06 98 (Standard policy form published by a state insurance regulator): Nevada Division of Insurance. Part A Liability Coverage insuring agreement provides that the insurer will settle or defend, as we consider appropriate, any claim or suit asking for covered damages, and that the duty to settle or defend ends when the limit of liability has been exhausted by payment of judgments or settlements. Part E, Duties After An Accident Or Loss, conditions coverage on full compliance and requires a person seeking coverage to cooperate in the investigation, settlement or defense of any claim or suit. The Our Right To Recover Payment provision subrogates the insurer to the paid person’s right of recovery, requires that person to do whatever is necessary to enable the insurer to exercise its rights and nothing after loss to prejudice them, and requires proceeds of a later recovery to be held in trust and reimbursed. The Legal Action Against Us provision bars suit against the insurer until there has been full compliance with all policy terms.
- Unfair Property/Casualty Claims Settlement Practices Model Regulation, MO-902 (Official model regulation text): National Association of Insurance Commissioners, July 1997. Section 4.A requires an insurer to maintain claim data that is accessible and retrievable for examination and to be able to provide the claim number, line of coverage, date of loss and date of payment of the claim, date of denial or date closed without payment, for all open and closed files for the current year and the two preceding years. Section 5.E bars indicating on a payment draft, check, or accompanying letter that a payment is “final” or “a release” absent payment of the policy limit or an agreed compromise settlement; Section 5.F bars partial-settlement drafts containing language purporting to release total liability. Section 6.A requires acknowledgment of a notification of claim within fifteen days. Section 7.A requires advising the first-party claimant of acceptance or denial within twenty-one days of properly executed proofs of loss; Section 7.B requires a status letter every forty-five days while an investigation remains incomplete; Section 7.D restricts continued negotiation with an unrepresented claimant facing a statute of limitations absent thirty days’ (first-party) or sixty days’ (third-party) written notice; Section 7.F requires payment within thirty days of affirmation of liability where the amount is determined and not in dispute. A model regulation binds insurers only as adopted by a given state.
- Property & Casualty Market Conduct Annual Statement — Private Passenger Auto Data Call & Definitions, Version 2026.2 (Official model reporting instructions): National Association of Insurance Commissioners, Version 2026.2 (updated April 20, 2026); reporting period January 1, 2026 through December 31, 2026. This page relies on Version 2026.2, the version posted on the NAIC’s MCAS 2026 page as of September 2026, superseding the 2026.0 instructions of September 4, 2025. Defines “Claim” as a request or demand for payment of a loss that may be included within the terms of coverage, excluding an event reported for information only and an inquiry of coverage where a claim has not actually been presented or opened for payment. Defines “Claims Closed Without Payment” as claims closed with no payment made to an insured or third party, and includes claims closed because the amount claimed is below the insured’s deductible. Schedule 2 carries separate data elements for the number of claims closed during the period without payment and for the number closed without payment because the amount claimed is below the deductible, and instructs that a claim reopened for a subsequent supplemental payment be counted as a new claim with separate aging. Under “Date of Final Payment,” instructs that if a claim remains open at the end of the reporting period even though a final payment has been issued it should be reported as open, and that only when the claim is closed in the company’s claims system would the days to final payment be reported, with a worked example of a claim left open for two months after final payment to allow time for supplemental requests.
- Model Act Regarding the Use of Insurance Claims History Information in Homeowners and Personal Lines Residential Property Insurance (Official model act text): National Council of Insurance Legislators; adopted July 8, 2005 and readopted by the NCOIL Property & Casualty Insurance Committee and Executive Committee on July 20, 2024. Section 3(B) defines a claim as a request to an insurer for payment of a benefit by an insured or third party and states that a mere report of loss or a question relating to coverage shall not constitute a claim. Section 4(C) bars consideration of or adverse action on claims history report information more than five years old at application. Section 5(A) bars rating or declining based in whole or in part on consumer inquiries; Section 5(B) bars rating or declining based in whole or in part on claims closed without payment unless more than one such incident occurred within the previous three years, or the closed claim affects the nature of the risk and is predictive of future loss. Section 8 bars an insurer from reporting an inquiry to a claims history report provider and bars a provider from knowingly furnishing a report that discloses an inquiry. By its own title and definitions, the model covers homeowners and personal lines residential property insurance and does not reach personal auto insurance.
- CLUE (Comprehensive Loss Underwriting Exchange) (Official state regulator guidance): Washington State Office of the Insurance Commissioner. States that if your insurance company starts, denies or pays out a claim, it will submit a C.L.U.E. report; that the report generally contains up to seven years of personal-auto and personal-property claims history; that LexisNexis advises insurance companies not to report claims information when you contact them simply to ask a question about coverage or your deductible; publishes the report’s field list, including name, date of birth, policy number, date of loss, type of loss, amount the company paid, description of the covered property, and property address or vehicle information; and describes the dispute process, the 30-day notification of results, and the ability to add an explanation shown in all future reports.
- 15 U.S.C. § 1681i — Procedure in case of disputed accuracy (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (a)(1)(A) requires a free, reasonable reinvestigation before the end of the 30-day period beginning on the date the agency receives notice of the dispute from the consumer or reseller; subsection (a)(1)(B) permits a 15-day extension where the consumer supplies relevant additional information during that period; subsection (a)(2)(A) requires notification of the dispute to the furnisher before the expiration of the 5-business-day period beginning on receipt; subsection (a)(3)(A) permits termination of a reinvestigation reasonably determined to be frivolous or irrelevant; subsection (a)(5)(A) requires prompt deletion or modification of an item found inaccurate or incomplete or that cannot be verified, and prompt notice to the furnisher; subsection (a)(6)(A) requires written notice of the results not later than 5 business days after completion.
- 15 U.S.C. § 1681s-2 — Responsibilities of furnishers of information to consumer reporting agencies (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (b)(1) requires a furnisher, after receiving notice of a dispute under § 1681i(a)(2), to investigate, review all relevant information forwarded by the agency, report the results, report any correction to the other nationwide agencies it supplied, and promptly modify, delete, or permanently block an item found inaccurate or incomplete or that cannot be verified; subsection (b)(2) ties the furnisher’s deadline to the agency’s § 1681i(a)(1) period. Subsection (a)(8) establishes the separate direct-dispute track: subparagraph (A) directs the Bureau to prescribe regulations identifying the circumstances in which a furnisher must reinvestigate a dispute submitted directly by a consumer, subparagraph (C) makes subparagraphs (D) through (G) applicable only in those circumstances, subparagraph (D) sets the notice requirements, subparagraph (E) requires the furnisher to investigate, review the information provided, complete the investigation within the § 1681i(a)(1) period and notify the consumer reporting agencies of any inaccuracy, and subparagraph (F) permits a furnisher to decline a frivolous or irrelevant dispute.
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (a)(5) bars a consumer reporting agency from including in a consumer report any other adverse item of information, other than records of convictions of crimes, which antedates the report by more than seven years.
- California Code of Regulations, Title 10, § 2695.7 — Standards for prompt, fair and equitable settlements (Official regulation text): Fair Claims Settlement Practices Regulations, California Department of Insurance, reproduced by the Cornell Legal Information Institute. Requires an insurer, upon receiving proof of claim, to accept or deny the claim in whole or in part immediately but in no event more than forty calendar days later; to tender payment or otherwise perform its claim obligation immediately but in no event more than thirty calendar days after acceptance and, where necessary, receipt of a properly executed release; and to provide written status notice every thirty calendar days until a determination is made or notice of legal action is served. Provides that no insurer shall require that a claimant withdraw, rescind or refrain from submitting any complaint to the California Department of Insurance regarding the handling of a claim or any other matter complained of as a condition precedent to the settlement of any claim. Both settlement time frames carve out auto repair bills: subsection (b)(4) provides that the subsection (b) time frame shall not apply to automobile repair bills arising from policies of automobile collision and comprehensive insurance subject to Section 560 of the California Insurance Code, and subsection (h)(1) provides that the subsection (h) time frame shall not apply to automobile repair bills subject to Section 560, while all other provisions of subsection (h) remain applicable.
- Maryland Insurance Code § 19-507 — Personal injury protection coverage (Official statute text): Maryland General Assembly. Subsection (c)(1) defines a premium increase to include a surcharge, retiering or other reclassification of the policy, and the removal or reduction of a discount. Subsection (c)(2) provides that an insurer may not increase the premium on the policy due to a claim or payment made under personal injury protection coverage, and shall notify the policyholder in writing, at the time the policy is issued, that it may not do so.
- New York Insurance Law § 2335 — Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions (Official statute text): New York State Senate. Bars an insurer authorized to transact or transacting business in the state from increasing the policy premium solely because the insured, or any other person who customarily operates an automobile covered by the policy, has had an accident that does not result in aggregate damage to property in excess of two thousand dollars — provided that a surcharge remains permissible for any accident that results in bodily injury, or where the insured has more than one accident in the merit rating experience period. Section 2335 is one of the sections subject to the sunset set by Insurance Law § 2342; that sunset was extended from June 30, 2026 to June 30, 2029 by Chapter 150 of the Laws of 2026 (see source 20), so § 2335 remains in force notwithstanding an “NB Expires July 1, 2026” note still displayed on bill-tracking pages.
- List of consumer reporting companies — LexisNexis C.L.U.E. & Telematics OnDemand (Official federal regulator listing): Consumer Financial Protection Bureau. Describes C.L.U.E. as a claims information exchange collecting and reporting up to seven years of auto insurance claims, as well as seven years of home and personal property claims, to help inform pricing and underwriting decisions for the insurance industry; notes one free report every 12 months on request, availability of a security freeze, and a fifteen-day delivery requirement.
- Iowa Code § 321.52 — Out-of-state sales; junked, dismantled, wrecked, or salvage vehicles (Official statute text): Iowa General Assembly. Subsection 4(b) provides that a vehicle on which ownership has transferred to an insurer of the vehicle as a result of a settlement with the owner of the vehicle arising out of damage to, or unrecovered theft of, the vehicle shall be deemed to be a wrecked or salvage vehicle, and that the insurer shall comply with the subsection to obtain a salvage certificate of title within thirty days after the date of assignment of the certificate of title. Subsection 4(a) permits an insurer to obtain a salvage certificate of title without a properly assigned title where ownership transferred pursuant to a settlement and at least thirty days have expired since the settlement’s effective date.
- 28 CFR § 25.55 — Responsibilities of insurance carriers, National Motor Vehicle Title Information System (Official federal regulation text): U.S. Department of Justice, reproduced by the Government Publishing Office. Subsection (a) requires any individual or entity acting as an insurance carrier conducting business within the United States to provide, on a monthly basis as designated by the system operator, a report containing an inventory of all automobiles of the current model year or any of the four prior model years that the carrier, during the past month, has obtained possession of and has decided are junk automobiles or salvage automobiles. The second sentence of subsection (a) adds a separate duty that is not conditioned on possession: “An insurance carrier shall report on any automobiles that it has determined to be a total loss under the law of the applicable jurisdiction (i.e., state) or designated as a total loss by the insurance company under the terms of its policies.” Subsection (b) specifies the required data elements, including the vehicle identification number, the date of acquisition or designation, and owner information. Section 25.52 defines a salvage automobile by reference to fair salvage value plus repair cost exceeding fair market value immediately before the damaging event.
- 15 U.S.C. § 1681e — Compliance procedures (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (b) requires that whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
- 15 U.S.C. § 1681j — Charges for certain disclosures (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (a)(1) requires nationwide and nationwide specialty consumer reporting agencies to make the § 1681g disclosures once during any 12-month period without charge; subsection (a)(2) requires delivery not later than 15 days after the request; subsection (b) provides a free disclosure where the consumer requests it within 60 days of an adverse action notice under § 1681m.
- 15 U.S.C. § 1681m — Requirements on users of consumer reports (Official statute text): Office of the Law Revision Counsel, U.S. House of Representatives. Subsection (a) requires a user taking adverse action based in whole or in part on a consumer report to provide notice; to provide the name, address, and telephone number of the consumer reporting agency that furnished the report; to state that the agency did not make the decision and cannot provide the specific reasons; and to disclose the right to a free copy within the 60-day period under § 1681j and the right to dispute under § 1681i.
- 12 C.F.R. § 1022.43 — Direct disputes, Regulation V (Official federal regulation text): Consumer Financial Protection Bureau, reproduced by the Government Publishing Office. Subsection (a) requires a furnisher to conduct a reasonable investigation of a direct dispute relating to the consumer’s liability for a credit account or other debt, the terms of such an account, “the consumer’s performance or other conduct concerning an account or other relationship with the furnisher, such as direct disputes relating to the current payment status, high balance, date a payment was made, the amount of a payment made, or the date an account was opened or closed,” or any other information in a consumer report regarding an account or other relationship with the furnisher bearing on the listed consumer characteristics. Subsection (b) excepts disputes about identifying information, employers, inquiries, public records, fraud alerts, information furnished by another furnisher, and disputes the furnisher reasonably believes were submitted by a credit repair organization. Subsection (c) requires the notice to be sent to the address the furnisher set out on the consumer report or clearly and conspicuously specified for direct disputes, and to any business address only where none was specified. Subsection (d) requires the notice to identify the account or other relationship, state the specific information disputed and the basis for the dispute, and include the supporting documentation the furnisher reasonably requires. Subsection (e) requires the furnisher to investigate, review the information provided, report results to the consumer before the expiration of the § 1681i(a)(1) period, and, where the information was inaccurate, promptly notify each consumer reporting agency it supplied and provide the correction. Subsection (f) permits the furnisher to decline a dispute it reasonably determines is frivolous or irrelevant, including one lacking the subsection (d) contents.
- New York Senate Bill S10582 (2025–2026), Chapter 150 of the Laws of 2026 (Official legislative record): New York State Senate. Section 1 amends Insurance Law § 2342 to extend the expiration of Insurance Law §§ 2307(c), 2308, 2310(a), 2316, 2320, 2323, 2326, 2335 and 2336(b) from June 30, 2026 to June 30, 2029; sections 2 and 3 extend related provisions of § 2305(f) and § 2344(h) to the same date. The Senate’s action log records the bill as delivered to the Governor on June 18, 2026 and signed as Chapter 150 on June 26, 2026. This is the enactment that keeps the § 2335 surcharge prohibition in force past the older July 1, 2026 expiration note.
- Market Conduct Annual Statement (MCAS) (Official standard-setting body program description): National Association of Insurance Commissioners, Center for Insurance Policy and Research. States that fifty-one jurisdictions are participating in MCAS as of the 2024 data year, and describes MCAS as a uniform system of collecting market-related information, including claims and underwriting data, to help states monitor the market conduct of companies. MCAS is a data call; it is not itself a market conduct examination.