Dealing with an insurance company after a car accident can already be a stressful process, and it gets even more frustrating when you suspect that the insurance company is stalling your claim. Understanding what to do if the insurance company is stalling is crucial for ensuring that you receive the compensation you deserve without unnecessary delays.
Insurance companies are obligated to be reasonable, fair, and timely in settling claims. However, they sometimes delay the process to pressure victims into settling for less, especially if the claimant is struggling financially with medical bills or an inability to work. Typical delay tactics include requesting additional paperwork, disputing medical treatment, making low-ball offers, and repeatedly switching adjusters.
While state laws require insurers to act within a reasonable amount of time, the actual time limits can vary. Generally, insurance companies have 15 days to investigate and 40 days to settle a claim, but these periods can be extended if more documentation is required. When facing delays, it's helpful to know that insurers are bound by these obligations, and failure to adhere can lead to penalties and potential legal actions for bad faith practices.
First and foremost, if you believe your insurance company is stalling, you should request a list of all required documents so you can compile and submit them promptly. Document every interaction you have, including phone calls, emails, and letters, and follow up regularly. Ensure all communications are in writing to establish a clear record. Additionally, threatening to file a complaint with regulatory bodies or consulting an attorney can apply the necessary pressure.
If the stalling tactics continue despite your best efforts, consulting an experienced car accident lawyer can be immensely beneficial. Legal experts can help ensure that the insurance company evaluates your claim in good faith and can guide you through the process of potentially filing a personal injury lawsuit. They can also assist in escalating the matter to the Office of the Commissioner of Insurance and Safety Fire when bad faith behavior is suspected.
Keeping detailed records is essential when dealing with an insurance company. This includes photos of the accident, medical records, repair estimates, witness information, and all communications with the insurance company. This documentation can protect your interests and provide vital evidence should you need to escalate the claim legally.
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