If your car accident claim is being delayed by an insurance company, there are ways to respond. Start by keeping detailed records of all correspondence, medical treatments, and supporting evidence. Try to resolve the issue by speaking with higher-level representatives if needed. If the delays continue, you can report the insurer to your state’s regulatory agency. When these efforts don’t work, it may be time to consult a car accident lawyer or take legal action, particularly if the insurer appears to be acting in bad faith.
Our Lafayette car accident lawyer at Laborde Earles know what to do if the auto insurance company is stalling. Read on to learn more about how our team, with over 250 years of combined personal injury experience, can help you if the car insurance company is ignoring you.
Hire a Car Accident Lawyer Before Contacting the Insurance Company
Before you contact the insurance company to get more information about your claim, you should hire a Lafayette car accident attorney. By working with an attorney, you’ll be able to avoid common mistakes car accident victims make in dealing with the insurance company.
Some of the key mistakes an accident lawyer can help you avoid include:
- Providing a recorded statement to the insurer before consulting a lawyer: These statements can be used against you if there are discrepancies between medical records or the police report.
- Negotiating settlements without full documentation of injuries or expenses: This may result in an unfairly low settlement that doesn’t cover all losses.
- Accepting the first settlement offer: Without considering long-term injuries that have yet to manifest, you could be missing out on other losses you could’ve recovered. A lawyer can ensure future medical costs are accounted for.
- Signing a full release of liability before treatment is complete: This limits your ability to seek more compensation if problems arise later on.
- Suing without a lawyer: While it’s not a requirement to have a lawyer to sue, suing an insurance company without a lawyer could cause you to lose out on compensation you qualify for.
By retaining a Lafayette car accident attorney from the start, we can guide you through the claims process to maximize compensation for your injuries and damages without making compromising mistakes.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow Long Does it Typically Take for Insurance Companies to Contact You?
According to Lousiana Revised Statutes § 1892, insurance companies have 14 days to investigate auto insurance claims once they receive them. Then, they’ll have 30 days to pay or offer you a settlement for the losses you’ve suffered in the accident.
Insurance companies will first seek to determine fault for the accident by reviewing the police report, statements from those involved, and any evidence from the collision scene. This initial investigation phase can sometimes extend beyond the standard 14 days if the circumstances are complex and additional research is required. Should liability be unclear, the insurance company may hold off on contacting you until they’ve made a determination.
Once the at-fault party has been identified, you can expect to receive a call from their insurance provider within the typical 14-day window. The representative will gather your contact details, an overview of the collision details, and your claimed losses. They may also request that medical records and estimates for vehicle repair or replacement be submitted at this stage. Most insurers seek to resolve property damage and injury claims as efficiently as possible to avoid costly litigation.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientIs There a Delay, or Is the Insurance Company Stalling?
Determining if there is a reasonable delay or if the insurance company is stalling can be a difficult task. Here’s how you can know if there is a delay or if the insurance company is stalling and not responding to your claim.
Recognizing When There’s a Delay
A car accident attorney in Lafayette can investigate potential reasons for delays and help expedite the claims process. Some of the most common reasons for delays include:
- High claim volume period for the insurer
- Waiting for medical records and documentation
- Complex claims involving multiple parties or vehicles
- Damage evaluation and repair estimates are taking longer than expected
- The liable driver didn’t contact their insurance
Identifying Insurance Company Stalling Tactics
On the other hand, there may be times when the insurance company ignores you and intentionally stalls your claim. Some potential stalling tactics include:
- Unanswered calls and lack of contact or updates on progress
- Unreasonable demands for additional medical exams and records
- Repeated low-ball settlement offers that don’t cover claimed damages
- Refusal to substantively increase offers without explanation
- Failing to investigate the claim or respond to communications actively
- Claim seems to be at a standstill with no reason given
- Losing or misplacing records and documentation provided
- Prolonged delays without adequate justification or transparency
An experienced car accident lawyer from Laborde Earles knows the subtle signs that indicate an insurer may be purposefully stalling. Tactics like repeated low-ball offers, refusing additional information requests, or claims seeming stalled without cause are red flags.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Can a Car Accident Lawyer Confront a Stalling Auto Insurance Company?
If it becomes clear that an insurance company is improperly stalling on a car accident claim, our experienced Lafayette car accident lawyers have various effective methods for confronting them and getting the process back on track, such as:
- Demand letter: Send a formal demand letter directly to the claims adjuster, and their supervisor will put them on written notice of allegations of stalling. This demands prompt action and resolution.
- Threat of bad faith lawsuit: If delays continue without cause, our attorney can threaten legal action against the insurer for bad faith claims handling practices. Many times, this is enough of an incentive for insurance companies to cooperate.
- Expedited litigation procedures: Filing certain motions with the court to show cause can apply time pressure on insurers. Lawyers know procedural tactics to accelerate resolution through the legal system.
- Insurance commissioner complaint: Documenting patterns of noncompliance enables attorneys to file complaints with the state insurance regulators. This regulatory pressure often compels stubborn carriers.
- Media exposure: In especially egregious cases, threatening negative media attention targeting an insurer’s stalling activities may shake them into fairly addressing claims.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLearn More About What to Do if an Auto Insurance Company Is Stalling
If you know what to do when a car insurance company is not responding to a claim, you’ll be able to recover the compensation you need much quicker. Our team of Lafayette car accident attorneys at Laborde Earles can help you confront the insurance company.
Contact us to learn more about what to do if the car insurance company ignores you.
