well i started a game in a 3 day timeout and and no timebank and the player is timed out but still hasn't made a move can i claim a win or not

You can time them out as soon as you see the little skull appear next to the game.

how many moves have been made in the game? Usually this complaint occurs when the game is less than 4 half moves (2 moves each) old because it's not until that 4th move has been made that a win can be claimed. This is because it is felt that a game under 4 moves cannot have been lost or won yet so no points should be gained (or something similar). In these cases you can only delete the game using the trash can to the right.

Jon