A car crash can turn your life upside down in an instant. The physical injuries, emotional stress, and financial strain are hard enough—without the added frustration of a delayed insurance claim. You expect your insurance company to step up quickly, covering medical bills, car repairs, and other expenses. But when those payments stall, you’re left wondering:
What are my rights? How can I move things forward? Should I call a car accident attorney near me?
If you’re feeling stuck, you’re not alone. In this guide, we’ll break down why insurance claims get delayed, what steps you can take, and when it’s time to bring in an experienced car accident lawyer. Whether you’re searching for the best car accident law firms near me or simply need practical advice, you’ll find clear, actionable answers here.
Insurance companies are supposed to act in good faith—but delays happen, and not always for good reasons. Understanding the most common causes can help you decide when patience is appropriate and when it’s time to take action.
Common Reasons for Insurance Claim Delays
Incomplete or Missing Documentation
Insurance companies require paperwork like police reports, medical records, repair estimates, and proof of lost wages. Missing documents can bring the entire process to a standstill.
Disputed Liability
If there’s disagreement about who caused the crash (especially in multi-car accidents), insurers will prolong investigations before making any payouts.
Serious or Complicated Injuries
Claims involving head trauma, spinal injuries, or long-term disabilities often require extensive medical evaluation, which can add time.
Bad Faith Tactics
Unfortunately, some insurers deliberately delay the process, hoping you’ll get desperate and accept a low settlement.
High Claim Volume
After widespread incidents—like a major snowstorm or hurricane—insurance companies may be overwhelmed with claims.
Fraud Investigations
Rare, but if insurers suspect exaggeration or fraud, your claim could face extra scrutiny.
A delayed claim doesn’t mean you’re powerless. Here’s how you can push the process forward:
1. Review Your Insurance Policy
Start by reviewing your policy carefully.
Look for details about deadlines, claim procedures, and any requirements you may have missed.
2. Follow Up in Writing
Send a polite but firm email or letter asking for a status update.
Make sure to:
Include your claim number.
Summarize previous communication.
Request a clear timeline for resolution.
Tip: Keep copies of all communications for your records.
3. Escalate the Matter
If your adjuster isn’t responding, don’t hesitate to escalate:
Ask to speak to a supervisor or claims manager.
File a formal complaint with the insurance company’s internal dispute team.
4. File a Complaint with State Regulators
Each state has an insurance commissioner’s office overseeing insurer behavior.
Filing a complaint often motivates insurers to resolve issues more quickly.
5. Talk to a Car Accident Attorney Near You
If the delays continue, an experienced auto accident attorney can:
Send a demand letter threatening legal action.
Negotiate directly with the insurance company.
File a lawsuit for bad faith practices if necessary.
Not every delay requires a lawyer—but certain red flags mean it’s time to bring in a professional.
You should contact a car accident lawyer if:
A trusted Tampa auto accident attorney can investigate, gather evidence, and fight for the compensation you deserve—whether at the negotiation table or in court.
Pro Tip: Most personal injury attorneys offer free consultations—so it’s worth getting legal advice early.
When an insurance company delays or denies your claim unfairly, you are not powerless. Several legal remedies exist to protect your rights and help you recover the compensation you deserve. Understanding these options is crucial for making informed decisions and standing up to bad faith practices.
Here’s a closer look at your legal options:
1. Filing a Bad Faith Insurance Claim
What is Bad Faith?
Insurance companies are legally obligated to act in good faith when handling claims. If an insurer unreasonably delays payment, denies a valid claim without justification, or uses unfair tactics to pressure you into a low settlement, they may be acting in “bad faith.”
Common Examples of Bad Faith:
Delaying communication without valid reason
Refusing to investigate your claim promptly
Offering far less than your claim is worth
Misrepresenting policy terms or coverage
Denying a claim without a thorough investigation
Your Legal Rights:
If you prove bad faith, you can seek additional damages beyond your original claim. This may include:
The amount you were initially owed
Emotional distress damages
Attorney’s fees
Punitive damages (in severe cases)
An experienced car accident attorney can investigate the insurer’s behavior, build a strong case, and pursue full compensation.
2. Filing a Personal Injury Lawsuit Against the At-Fault Party
If your insurance claim involves another driver’s liability (such as a personal injury protection (PIP) or third-party claim) and the insurer is delaying payment, you may be able to file a lawsuit directly against the at-fault party.
This can be necessary if:
The insurer refuses to pay fair damages.
The at-fault driver’s policy limits are insufficient.
You have suffered significant injuries, such as head trauma or permanent disability.
Through a lawsuit, you can pursue damages for:
Medical expenses (past and future)
Lost wages and loss of earning capacity
Pain and suffering
Property damage
Punitive damages (if gross negligence is proven)
3. Filing a Complaint with State Insurance Regulators
Every state has a Department of Insurance (or similar regulatory body) that monitors insurance company practices.
Filing a complaint can:
Trigger an investigation into the insurer’s conduct
Apply regulatory pressure on the insurance company to act fairly
Strengthen your bad faith case if legal action becomes necessary
Tip: Complaints are especially effective when combined with legal representation, as they show you’re serious about holding the insurer accountable.
Some insurance policies require disputes to go through mediation or arbitration before you can file a lawsuit.
Mediation: A neutral third-party mediator helps both sides reach a voluntary agreement.
Arbitration: A neutral arbitrator makes a binding decision, similar to a judge.
While these alternatives can be faster and less costly than court trials, it’s essential to have a skilled car accident attorney guide you through the process to ensure you are not pressured into an unfair settlement.
5. Filing a Breach of Contract Lawsuit
When you pay your insurance premiums, you’re entering a contract. If the insurance company fails to uphold its end of the agreement by delaying or denying a valid claim, you may file a breach of contract lawsuit.
Successful breach of contract claims may result in:
Recovery of policy benefits owed
Interest on delayed payments
Legal fees
Breach of contract cases focus on the insurer’s failure to comply with the written terms of the policy—not necessarily on proving bad faith conduct, which can make the burden of proof slightly easier.
Don’t unintentionally weaken your case. Avoid these pitfalls:
Q: How long should it take for an insurance company to process a claim after a car accident?
A: Typically, insurance companies should acknowledge and process claims within 30 days. However, complex cases involving severe injuries or disputed liability can take longer. If you’re experiencing significant delays beyond this period, it’s wise to follow up or consult an attorney.
Q: What can I do if the insurance adjuster is not responding?
A: Start by sending a formal written request for an update. If there’s still no response, escalate the issue by contacting a supervisor or claims manager. If that doesn’t work, filing a complaint with your state’s insurance department or hiring a car accident lawyer may be necessary.
Q: Can an attorney really speed up my insurance claim?
A: Yes. An attorney can put legal pressure on the insurance company by sending demand letters, gathering additional evidence, and threatening litigation if necessary. Insurers often respond more quickly when legal representation is involved.
Q: What is a “bad faith” insurance claim?
A: “Bad faith” occurs when an insurance company unreasonably delays, undervalues, or denies a valid claim. If your insurer acts in bad faith, you may be entitled to additional compensation beyond your original claim, including punitive damages.
Q: Will hiring a lawyer cost me anything upfront?
A: Most personal injury attorneys, including those at Inkelaar Law, offer free consultations and work on a contingency fee basis. This means you don’t pay anything upfront; the attorney only gets paid if you win your case.
Q: How do I know if I should fight a claim denial or delayed payment?
A: If your injuries are serious, the financial impact is significant, or you believe the insurer is acting unfairly, it’s in your best interest to fight back. Consulting with an attorney can help you understand your rights and options.
At Inkelaar Law, we understand how devastating a delayed insurance claim can be.
Our team of Tampa car accident lawyers is ready to stand up to insurers and fight for the compensation you’re owed.
We specialize in:
Auto accident claims (including traumatic brain injuries)
Bad faith insurance disputes
Wrongful death cases
Trucking accident lawsuits
We’re committed to protecting your rights and getting you back on your feet.
Why Clients Trust Inkelaar Law:
A delayed insurance claim can disrupt your recovery—but you don’t have to face it alone.
By staying proactive, documenting every step, and knowing when to bring in legal help, you can tip the scales in your favor.
If you’re searching for trusted car accident attorneys in Tampa, Inkelaar Law is here for you.
Call us today or book an appointment with our team to schedule your free case review. Let us handle the fight—so you can focus on healing.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
Español
