The deadline question

How long do I have to claim recoverable depreciation?

The honest answer is: it depends on which clock governs you — and there are two. Your policy's clock, and your state's legal floor. Insurers quote the first. This page lays out both, state by state, from the statutes themselves.

Clock one: your policy (180 days, usually a notice)

The standard ISO HO-3 Loss Settlement language gives the homeowner 180 days from the date of loss to notify the insurer of the intent to repair or replace and claim the full replacement cost. Read that carefully: in the standard form it is a notice deadline. Many carrier forms pair it with — or convert it into — a completion-and-proof deadline, and adjuster letters routinely blur the two. Which clock you are actually on is written in your own policy's Loss Settlement section; nobody at the carrier volunteers the distinction. Carrier guidance says the same in plainer words: Travelers tells its own policyholders to notify their claim professional of the intent to recover depreciation within 180 days of the date of loss.

Sources: ISO HO-3 standard form language as quoted by practitioner sources; Travelers, "Understanding depreciation" (carrier guidance), checked Oct 20, 2026.

Clock two: your state's floor (the one that can overrule the policy)

StateThe floorThe law
CaliforniaNo limit under 12 months from the first ACV payment; 36 months for losses tied to a declared state of emergency; insurer must grant 6-month extensions for good causeCal. Ins. Code § 2051.5(b)
Maryland2 years after the date of loss to claim the ACV-to-replacement-cost difference for completed repairs (the insurer may still require intent notice within 180 days)Md. Code, Insurance § 19-213
New MexicoNo timeframe condition is authorized at all — paying only ACV because work wasn't finished in a set time "is not allowed"; insurers were ordered to withdraw forms with time limitsNMSA § 59A-18-17(C); OSI Bulletin 2024-003
ColoradoAt least 365 days after your living-expense coverage expires to replace property and recover depreciation (total-loss contents); 365 days to submit the inventoryC.R.S. § 10-4-110.8(11)(c)
Every other stateNo state minimum located in our research — your policy's deadline controls. Flagged honestly in the state tableYour policy's Loss Settlement section

So what is YOUR deadline?

Take the later of the two clocks — that is the deadline a court or a regulator would measure. Then work to the earlier one anyway: notice is cheap, extensions are routinely granted when asked before the date, and a proof packet sent early cannot be argued with. The checker computes both dates from your loss date and your state, and counts the days left.

One more clock hides behind these: most policies impose a deadline to sue (commonly 1–2 years from the loss, modified by state law). It is the hard wall behind every other negotiation — the kit's deadline calendar puts it on the same page as the rest.

If the date has already passed

Not the end. In order: (1) send the written extension request with your good-cause facts — permit delays, material and contractor unavailability are the classic grounds, and California's statute names them; (2) if the insurer's own letters suggested more time, or it kept paying on the claim after the date, say so in writing — that is documented push-back ground; (3) complain to your state insurance department (free; the insurer must answer in writing). Doors and wording are in the kit; your department's link is in the state table.

Run your own numbers. The free checker takes your state, your dates, and the figures on the insurer's estimate — and returns the dollars still held back, your real deadline, and the next document to send. Run the checker →

The working papers for this fight

The pages above are the map. The kit is the paperwork: the proof packet that releases the money, the letters that protect the clocks, and the complaint pack for when the stall continues.

Included in the $39 DepreciationDecoded Kit

  • The proof packet: the completion-evidence checklist (final invoice, photos tied to the scope of loss, completion certificate) plus the submission letter that asks for release in the insurer's own language
  • The extension request letter: good-cause wording (permit delays, material and contractor shortages, the insurer's own delays, mortgage-company escrow delays) with the statutory hooks for floor states built in
  • The deadline calendar worksheet: notice date, completion date, living-expense end, suit deadline — your dates entered once, every clock on one page
  • The state regulator complaint pack: your insurance department's door, the one-page fact sheet, and the complaint wording that forces a written answer on a clock
Get the $39 DepreciationDecoded Kit

One payment, yours to keep. We never ask you to upload your policy — you file everything yourself. See everything inside the kit →

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