New rule prevents insurers from ‘stalling’ when paying the owner of the injured car

The driver who activates the car insurance will have a defined period to receive a response and, if it is positive, to receive the money. According to Resolution No. 496 of the National Council of Private Insurance (CNSP), published last week, the insurer will have up to 30 days to say if the damage is covered and another 30 to pay the indemnity – under penalty of a fine of 2% of the amount due.

The count has a decisive detail: the 30 days only start to run after the insured delivers all the documents requested by the company. Whenever possible, analysis and payment should occur together. In practice, the rule hits cases of total loss, theft and robbery, in which the driver is left without the car while waiting for the outcome.

The delay also implies monetary adjustment and legal interest, and the insurer may be liable for losses and damages and suffer administrative sanctions. The term is only longer in large corporate insurance, such as oil, aviation and nuclear risks, in which the analysis can reach 120 days, according to an investigation by InfoMoney with the Superintendence of Private Insurance (Susep).

Expert report is no longer with the insurer

aloneAnother relevant change for those who have an insured car is access to the documentation of the claim. The report of the insurer’s experts is now delivered to the insured – even when the indemnity is denied, a situation in which the report is usually the centerpiece of any dispute. If the company does not make the material available spontaneously, the customer can request it and, in case of refusal, resort to the insurer’s official channels or the Consumidor.gov.br platform, Susep advised the publication.

The resolution also determines that ambiguous terms, or divergences between the contract sold and the one registered with Susep, be interpreted in the sense most favorable to the insured, the beneficiary or the injured third party. And it prohibits the insurer from changing or canceling the policy on its own: automatic renewal is allowed as long as there is interest from both parties, and the responsibility for analyzing and paying the claim becomes the company’s.

Clearer contracts and deadline until January 2027

Policies will have to be written in clear language, detailing the risks covered, those excluded and the situations that make the insured lose the right to compensation. Insurers are required to provide a technical-legal glossary and explain the main clauses before contracting. The rule applies to all damage insurance, a category that includes, in addition to automobile, residential, rural, housing, rental guarantee and extended warranty.

The resolution regulates Law No. 15,040/2024, the Legal Framework for the Insurance Contract, in force since December 2025, and repeals the 2021 rule. Plans registered before the change need to be adapted by January 4, 2027, at the risk of permanent suspension. The rules become mandatory for contracts signed or renewed as of January 5, 2027.