Dealing with a car insurance company that is stalling or delaying your claim can be incredibly frustrating. After being in an accident, the last thing you want is for the insurance company to drag its feet on paying out your settlement.
Unfortunately, this is a very common tactic used by insurance companies to try to get accident victims to drop their claims or settle for less than they deserve.
If you suspect your insurance company is stalling on your claim, don’t panic. There are steps you can take to get your claim back on track. Here is what you need to know about insurance company stall tactics and how a personal injury lawyer can help you hold them accountable.
Why Do Insurance Companies Stall?
There are a few common reasons why an insurance company might stall paying your claim:
To Discourage Victims From Pursuing a Claim
Insurance companies know that the longer they drag out a claim, the more likely the victim is to give up out of frustration. They hope you’ll eventually accept a lowball offer just to be done with the process.
To Get Victims to Miss Legal Deadlines
There is a statute of limitations for personal injury claims in all states. In California, you normally have two years to file a lawsuit after an accident. Insurers will often stall near the deadline, hoping victims won’t realize they’re about to run out of time to take legal action.
To Take Advantage of Disappearing Evidence
Over time, evidence can get lost or corrupted. Eyewitnesses forget details. Insurers may stall to diminish your evidence, weakening your ability to prove your case down the road.
To Avoid Paying Out Large Claims
Some insurers make stalling a matter of policy, especially for severe or fatal accidents where damages will be substantial. The longer they delay, the more profits they can retain.
By understanding common stall tactics, injury victims can better focus on personal health while pursuing fair damages with experienced legal help balancing the scales against powerful insurance firms. The deck stacks against individuals but doesn’t have to do with the right advocate on your team.
Tactics Insurance Adjusters May Use to Stall Your Claim
Insurance adjusters have many subtle and not-so-subtle ways of stalling claims. Here are some of the most common delay tactics:
- Asking for additional paperwork and documentation
- Requiring you to resubmit information you’ve already provided
- Saying a decision is pending while they investigate further
- Claiming a supervisor needs to review the claim before a settlement can be offered
- Making lowball offers in hopes you will negotiate against yourself
- Outright denying liability even when fault is clear
What Should You Do if Your Car Insurance Company is Stalling?
If you believe your insurance company is unfairly delaying your claim, here are some steps you can take:
Be Persistent
Continue contacting your adjuster regularly to check on the status of your claim. Ask specific questions about what is holding up the process and when you can expect a resolution.
Don’t let the adjuster ignore your inquiries. Call frequently and send regular emails asking for a concrete timeline for settling your claim. Document every conversation and communication.
Send a Demand Letter
Have your personal injury lawyer send a formal demand letter detailing your damages and asserting your right to fair compensation under the policy. The letter should state you will pursue legal action if the claim is not settled in good faith within a reasonable time frame, such as 30 days.
Consult an Attorney
An experienced personal injury lawyer can negotiate with the insurance company on your behalf and make sure your claim is being handled appropriately.
They’re not going to let the insurer take advantage of you. The attorney can review your policy, determine the value of your claim, and push the insurance company to settle.
File a Bad Faith Claim
If the insurer continues to unreasonably delay or deny your rightful claim after being presented with a demand letter, your attorney can help you file a lawsuit for infringement of contract and bad faith. This legal action can force a settlement and may result in additional damages being awarded.
Submit a Complaint
You can submit a complaint to your state insurance commissioner’s office about the insurer unfairly delaying your claim. This can prompt the company to take action to resolve your claim quickly.
Change Insurance Companies
If the delays and difficulties in settling your claim are egregious, you may want to change insurance companies altogether after resolving your claim. You can find one that will treat you more fairly.
The key is to be proactive and assertive if you suspect the insurance company is stalling. With persistence and legal help, you can get the settlement you deserve. Don’t let them take advantage of you during this difficult time.
Work With a Trusted Personal Injury Law Firm
If you believe your car insurance company is stalling or acting in bad faith, contact the experienced attorneys at DP Injury Attorneys in San Diego.
They have helped victims recover the compensation they deserve after car crashes. To discuss your options, arrange a free consultation today.
Don’t let insurers take advantage of you during this difficult time. With determination and skilled legal help, you can overcome their stalling tactics and get fair compensation.
