It may come as a surprise to you, but the other driver’s insurance company does NOT owe you any legal obligation to pay you for your damages. NONE. That is why you should treat and consider the other driver’s insurance company as the enemy from day one of your claim.
Insurance companies often employ delay tactics when handling personal injury claims, hoping that financial pressure will force claimants to accept less than they deserve. These delays can be frustrating and financially stressful, especially when you’re dealing with mounting medical bills and lost income. Understanding how to respond effectively to settlement delays can make the difference between receiving fair compensation and settling for much less than your claim is worth.
At Dale R. Rose, PLLC, we’ve seen countless insurance delay tactics during our 32 years of legal experience. Our McKinney personal injury attorneys know how to overcome these obstacles and keep your claim moving forward. We’re committed to helping injured clients throughout North Texas navigate the complex claims process and secure the compensation they deserve.
Understand Common Delay Tactics
Before addressing settlement delays, it’s important to recognize the tactics insurance companies frequently use to slow down the claims process.
Request for Unnecessary Documentation
Insurance adjusters may repeatedly request documentation that is either irrelevant to your claim or that they already possess. They might claim they never received previously submitted documents or that additional verification is needed.
Multiple Adjuster Transfers
Some companies reassign your claim to different adjusters multiple times, forcing you to restart explanations and relationship-building with each new representative. This creates confusion and extends the timeline of your claim.
Unreasonable Demands for Medical Examinations
An insurer might insist you undergo multiple independent medical examinations with their selected doctors, often scheduling these appointments weeks or months apart to prolong the process.
Lowball Early Offers
Sometimes insurers make unreasonably low settlement offers early in the process, knowing you’ll reject them. This allows them to claim they attempted to resolve the claim while actually extending negotiations unnecessarily.
Each of these tactics is designed to test your patience and financial endurance, hoping you’ll eventually accept less than you deserve.
Document All Communications
When facing settlement delays, meticulous documentation becomes your strongest ally in pushing your claim forward.
- Keep detailed records of every phone call, including the date, time, name of representative, and summary of the conversation
- Save all emails, letters, and text messages between you and the insurance company
- Document when you submit requested information and how it was delivered
- Maintain a timeline of events related to your claim
This comprehensive documentation serves multiple purposes. It creates accountability, helps identify patterns of delay, and provides evidence of bad faith practices (but only if it is your own insurance company) if you need to escalate your claim.
Send a Formal Demand Letter
It is not recommended that you try to do this on your own. Unless you are familiar with the insurance rules, the legal damages recoverable, and a valuation of your claim, you should not be trying to settle it on your own. But, if you want to try, a well-crafted demand letter can often break through stalling tactics and generate momentum for your claim.
Your demand letter should include:
- A summary of the accident and your injuries
- A detailed accounting of your damages, including medical expenses, lost income, and pain and suffering
- A clear deadline for response (typically 15 days)
- A statement that failure to respond may result in legal action against your own insurance company
Having an attorney draft this letter on your behalf adds significant weight to your demand and signals to the insurance company that you’re serious about pursuing your claim to its full value.
Understand Your Legal Options
If delays persist despite your best efforts, knowing your available legal remedies can help you determine your next steps.
Filing a Complaint With the Texas Department of Insurance
The Texas Department of Insurance oversees insurance companies operating in the state and can investigate complaints about unfair practices. Filing a complaint puts the insurer on notice that their conduct is being scrutinized by regulators.
Bad Faith Insurance Practices
In Texas, “first party insurers” (your own insurance company) have a duty to handle claims fairly and promptly. Unreasonable delays may constitute bad faith, potentially exposing the insurance company to additional liability beyond your original claim amount.
Litigation
Filing a lawsuit often becomes the most effective way to overcome persistent delays. While this escalates the conflict and may extend the timeline for resolution, it also removes the insurance company’s ability to control the pace of your claim indefinitely.
Understanding these options gives you leverage in negotiations and helps you make informed decisions about how to proceed when faced with ongoing delays.
Contact a McKinney Personal Injury Attorney
If you’re experiencing settlement delays, having experienced legal representation may be the most effective way to overcome insurance company tactics. At Dale R. Rose, PLLC, we understand the financial and emotional strain these delays cause, and we know how to counter them effectively with our 32 years of legal experience and track record of recovering approximately $18 million for clients since 2010.
Don’t let insurance delays diminish the value of your claim. Contact us today for a free consultation to discuss your case and explore your options. Call (972) 634-ROSE (7673) or contact us through our website to get started.