A new regulation prohibits insurance companies from delaying payment to the owner of a vehicle involved in an accident. The driver who invokes the insurance coverage will now have a set deadline both to receive a response and, if favorable, to receive the compensation amount.
According to Resolution No. 496 of the National Council of Private Insurance (CNSP), released last week, the insurer has a period of up to 30 days to inform whether the damage is covered and an additional 30 days to make the compensation payment. Failure to comply with these deadlines subjects the insurer to a fine equivalent to 2% of the amount owed.
It is important to note that the counting of these 30 days only begins after the insured presents all the documentation requested by the company. Ideally, the analysis and payment should occur simultaneously. This guideline significantly impacts cases of total loss, theft, and robbery, moments when the driver is without the vehicle while awaiting the conclusion of the process.
In case of delay, the amount is subject to monetary correction and legal interest, in addition to the insurer being liable for losses and damages and facing administrative sanctions. For large corporate insurance policies, such as those in the oil, aviation, and nuclear risk sectors, the analysis period can be extended to up to 120 days, as reported by InfoMoney to the Superintendence of Private Insurance (Susep).
Another relevant change for car insureds is the right to access the claim documentation. The report issued by the insurer's experts must be provided to the insured, even when the compensation is denied, since this document often serves as the basis for any contestation. If the company does not voluntarily provide the material, the client can request it and, if there is refusal, appeal to the official channels of the insurer or the Consumidor.gov.br platform, as advised by Susep.
The resolution also stipulates that any vague terms or discrepancies between the sold contract and the registration with Susep must be interpreted in the most favorable way to the insured, the beneficiary, or the injured third party. Furthermore, the insurer is prohibited from unilaterally altering or canceling the policy; automatic renewal remains permitted if both parties are interested, and the responsibility for analyzing and paying the claim becomes entirely the company's.
Policies must be written in accessible language, detailing the covered risks, excluded risks, and circumstances that may cause the insured to lose the right to compensation. Insurers are obliged to offer a technical-legal glossary and clarify the main clauses before contracting. This standard covers all damage insurance, a category that includes not only automotive but also residential, rural, housing, rental guarantee, and extended warranty insurance.
The aforementioned resolution regulates Law No. 15.040/2024, known as the Legal Framework for Insurance Contracts, which has been in effect since December 2025, and cancels the previous 2021 standard. Plans registered before this change need to be adjusted by January 4, 2027, under penalty of definitive suspension. The new rules become mandatory for all contracts concluded or renewed starting January 5, 2027.