If you've suffered an injury in an accident that wasn't your fault, you're likely facing a long road to recovery - physically, emotionally, and financially. The last thing you need is for the insurance company to give you the runaround and delay your claim. Unfortunately, insurance delay tactics are all too common. The good news is that an experienced car accident attorney can navigate the claims process, fight against unfair delays, and seek the compensation you deserve.
The Impact of Injury
Suffering an injury in an accident is a traumatic, life-changing experience. In addition to physical pain, you may be dealing with mental anguish, mounting medical bills, lost income from missed work, strained relationships, and an uncertain future. During this difficult time, you can focus on healing. But all too often, injury victims find themselves fighting an uphill battle with the insurance company. When you file an injury claim, you expect the insurance company to handle it fairly and efficiently. After all, that's what insurance is for - to provide financial protection and support when accidents happen. Sadly, many injury victims soon discover that the insurance company is not on their side. Insurance companies are for-profit businesses. They aim to pay as little as possible on claims to boost their bottom line. To that end, they may use several tactics to delay, dispute, or undervalue your claim. As time drags on with no resolution in sight, you may feel frustrated, discouraged, and even tempted to give up and accept a lowball settlement offer. Don't let insurance company delays wear you down. With the right personal injury lawyer in your corner, you can level the playing field and fight for the full and fair compensation you deserve.Common Insurance Delay Tactics
Insurance companies often use various tricks to delay injury claims. Being aware of these tactics can help you spot them and push back with the help of your personal injury lawyer. Some common delay tactics include:- Failing to promptly return calls or respond to communications
- Requesting unnecessary or duplicative information and paperwork
- Disputing the extent or cause of your injuries
- Questioning the necessity or reasonableness of your medical treatment
- Dragging their feet on approving medical procedures or payments
- Making lowball settlement offers and refusing to negotiate in good faith
- Misrepresenting the terms of your insurance policy
- Trying to get you to accept blame for the accident or downplay your injuries
The Importance of Prompt Medical Treatment
One of the most important things you can do after an accident is to seek medical attention immediately - even if you think your injuries are minor. Some serious conditions like whiplash, concussions, or internal bleeding may not show symptoms immediately. Promptly getting checked out by a doctor documents your injuries, rules out hidden damage, and gets you on the road to recovery. Unfortunately, some people put off medical treatment after an accident, either because they think they can't afford it or because they don't want to deal with the insurance hassle. This is a mistake. Not only does delaying treatment put your health at risk, but it can also hurt your injury claim. The insurance company may seize on gaps in treatment to argue that your injuries aren't that serious or are unrelated to the accident. Don't give them that ammunition. Follow your doctor's recommended treatment plan and attend all appointments. If you're worried about the cost, your personal injury lawyer can help. They can connect you with doctors who work on a lien basis, meaning you pay nothing upfront, and the medical bills come out of your eventual settlement.The Value of a Personal Injury Lawyer
Dealing with insurance companies is challenging in the best of circumstances. After an accident, when you're in pain, stressed, and vulnerable, it can feel downright overwhelming. That's where a personal injury lawyer comes in. An experienced attorney acts as your advocate, advisor, and champion, taking on the insurance company so you can focus on healing.
A good personal injury lawyer brings a wealth of knowledge, skills, and resources to the table. They know the ins and outs of the claims process, insurance companies' tactics, and how to build a strong case for maximum compensation. Beyond that, they provide peace of mind and support during difficult times.
Some key benefits of hiring a personal injury lawyer include:
- Conducting a thorough, independent investigation of your accident
- Gathering critical evidence like police reports, medical records, witness statements
- Consulting expert witnesses to substantiate your injuries and damages
- Handling all communications and negotiations with the insurance company
- Filing necessary paperwork and meeting important deadlines
- Calculating the full value of your claim (medical bills, lost income, pain and suffering, etc)
- Fighting for a fair settlement through talks or mediation
- Taking your case to trial and presenting a compelling case to the jury if needed
- Dealing with medical billing, liens, and subrogation issues after settlement
Case Timeline: What to Expect
Every personal injury case is unique, so there's no set timeline for resolving a claim. However, understanding the general process can give you a sense of what to expect and help you avoid common pitfalls. After an accident, your priorities should be getting medical care, following your treatment plan, and consulting a personal injury lawyer. Bring any paperwork (accident report, insurance info, medical records, etc), but don't worry if you don't have everything. Your lawyer will investigate and gather additional evidence. Once you've finished medical treatment (or reached maximum medical improvement), your lawyer will compile a demand package detailing your injuries, treatment, and damages and send it to the insurance company with a demand for compensation. The insurance company will review the demand and respond with an offer. At this point, settlement negotiations begin. Your lawyer will discuss offers with you and advise you on whether they are fair, but the decision to accept a settlement is ultimately yours. If you cannot reach an agreement, your lawyer may recommend other dispute resolution options like mediation or arbitration, or you may need to file a lawsuit. If your case goes to trial, your lawyer will be by your side every step of the way, presenting evidence, making arguments, examining witnesses, and fighting for the verdict you deserve. Once a settlement or verdict occurs, your lawyer will also collect funds, pay medical bills/liens, and disburse your compensation. While this process may seem long, it's important not to rush into a settlement before you know the full extent of your injuries and damages. Insurance companies may pressure you to accept a quick, lowball offer, but your lawyer will advise you to wait until you receive a fair offer and reach maximum medical improvement. The time it takes to resolve your case is an investment in ensuring you get the maximum compensation possible.When Insurance Delays Become Bad Faith
Unfortunately, sometimes insurance companies cross the line from legitimate claim investigations to acting in bad faith. Bad faith refers to dishonest or unfair insurance practices that violate the company's duty to handle claims properly and promptly. Examples of insurance bad faith might include:Denying a Valid Claim Without Justification
When an insurance company denies a claim that should be covered under the policy, it can leave the insured feeling frustrated and helpless. Insurers may deny claims for various reasons, but if they do so without a valid justification, it may constitute bad faith. If you believe your valid claim has been unjustly denied, a personal injury lawyer can fight back and seek the compensation you deserve.Failing to Promptly or Thoroughly Investigate a Claim
Insurance companies must investigate claims promptly and thoroughly. If they fail to do so, it can cause unnecessary delays and hurt the insured's ability to prove their claim. Insurers may drag their feet on investigating claims to wear down the insured or hope evidence disappears. A personal injury attorney can step in and make sure the insurance company does its job.Offering Far Less Than a Claim Is Worth
Lowball settlement offers are a common insurance company tactic. They may offer a quick settlement that seems generous at first glance but is actually far less than the claim is worth. If you accept a lowball offer, you may be left with unpaid bills and losses down the road. A knowledgeable personal injury lawyer can accurately assess the value of your claim and fight for a fair offer that covers all your damages.Failing to Communicate Key Info or Updates to the Insured
Insurance companies have a duty to communicate with the insured and keep them reasonably informed about their claim. If the insurer fails to provide key information or updates, it can leave the insured in the dark and hinder their ability to make informed decisions. If you feel the insurance company isn't being forthcoming or responsive, your personal injury lawyer can demand the information you need and keep the lines of communication open.Misrepresenting Policy Terms or Facts of the Case
Insurance policies can be long, complex, and confusing. Insurance companies may try to take advantage of this by misrepresenting what the policy does and doesn't cover. They may also misrepresent the facts of your case to pin blame on you and avoid paying out. If you suspect the insurance company isn't being truthful, your personal injury attorney can clarify your coverage and set the record straight.Unreasonably Delaying Payment on a Valid Claim
Even when an insurance company agrees your claim is valid, they may delay the payment process. Unreasonable payment delays can put a major strain on injured people already struggling to make ends meet. Insurance companies know this and may use delay tactics to pressure you into accepting less. If the insurance company isn't honoring their obligation to pay promptly on a valid claim, your personal injury lawyer can hold their feet to the fire and demand timely payment.Requiring an Insured to Jump Through Unnecessary Hoops
Insurance companies often require injured people to provide proof to support their claim. However, some insurers take this too far by repeatedly requesting unnecessary paperwork or information. They may ask you to fill out endless forms, provide duplicative records, or give statements over and over again.
These unnecessary hoops can feel like a full-time job and distract from your recovery. Your personal injury lawyer can take over this process and ensure the insurance company only gets the necessary information to process your claim fairly and efficiently.
Using Abusive or Coercive Tactics to Get an Insured to Accept a Low Settlement or Drop Their Claim
Perhaps the most egregious form of insurance bad faith is when insurers use abusive, coercive, or threatening tactics to get an insured to accept an unfair settlement or even drop a valid claim entirely. Examples might include:- Sending threatening letters.
- Showing up at your home or work unannounced.
- Leading you to believe your premiums will go up or your coverage will be dropped if you pursue your claim.
Get the Help You Need
Dealing with insurance company delays can make an already stressful situation feel unbearable, but you don't have to go through this alone. The most important thing you can do is contact an experienced personal injury lawyer who can take on the insurance company and fight for the compensation you deserve. Don't let the insurance company stall your claim and leave you feeling frustrated and hopeless. You have rights, and a skilled personal injury attorney can enforce them. Most injury lawyers offer free initial consultations and work on a contingency fee basis, meaning you pay nothing upfront, and they only collect a fee if they recover compensation for you. You have nothing to lose and potentially significant compensation to gain by consulting a personal injury lawyer about your accident claim. Call a trusted personal injury attorney in your area today and get the answers, advice, and advocacy you need.