Skip to main content

Do insurance companies usually issue check within thirty days after releases signed/settlement reached for personal injury case.

New York, NY |

Does the insurance company have an incentive to pay the injured party within thirty days?

+ Read More

Attorney answers 5

Best Answer

They have to issue the check within 21 days of your lawyer tendering the closing papers. "Tendering" has a legal meaning.... personal delivery or certified or registered mail, return receipt requested.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


The opposite of incentive is disincentive (penalty). Most states impose a financial penalty for dragging out payment past the 25-30 day legal interval. Insurance Companies typically pay within the allowed period because they do not want to incur penalties.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


Typically they are required to pay within 30 days, or 21 days here, as counsel notes.


There are a few times in the lat 500 settlements that it has taken more than 30 days. Usually 7-15 is what I see. and I agree that there are some penalties that might apply so they do not have an incentive to be late.


Your lawyer should be able to expedite the check by hounding them.