After a car accident, one of the first steps you’ll likely take is filing a claim with the at-fault driver’s insurance company. This process is supposed to provide you with compensation for your medical bills, vehicle repairs, and other losses. However, it’s not uncommon for accident victims to find themselves dealing with an insurance company that seems to be dragging its feet. If you’re wondering what to do if the insurance company is stalling on your car accident claim, you’re not alone.
In this blog post, we’ll explore common delay tactics used by insurance companies, steps you can take if the insurance company is stalling, and how an experienced Atlanta car accident lawyer can help you navigate this frustrating situation.
Reach out to the Weinstein Firm today for a free case review.
Typical Timeframe for a Car Accident Claim in Georgia
In Georgia, insurance companies are required by law to respond to and settle car accident claims within a reasonable timeframe. Typically, the insurance company should acknowledge your claim within 15 days. After that, they are expected to complete a thorough investigation of your insurance claim and provide a settlement offer or denial within 40 days.
However, in some cases, the insurer can request additional time to investigate. If this happens, the insurer may get 60 more days to reach a decision. The first offer from insurers is often too low, and settlement negotiations can extend the claim process well beyond 60 days. The timeframe for car crash insurance claims can vary depending on the complexity of the case and the available evidence.
During the investigation, the insurance adjuster will review the accident report, medical records, and other relevant documents to determine liability and assess the value of your claim. While some insurance claims can be resolved quickly, others may take longer if more documentation or evidence is needed.
Unnecessary delays could be a sign that the insurance company is stalling.
Common Insurance Company Stalling Tactics
There are several reasons for delays in car insurance claims. The insurance adjusters may be overwhelmed with claims.
Unfortunately, some insurance companies use stalling tactics to delay the claims process in hopes that car accident victims will accept a lower settlement offer or simply give up. Understanding these tactics can help you recognize when an insurance company is stalling and take prompt action.
Here are some common tactics insurance companies use to delay car accident claims.
Requesting Unnecessary Documentation
One tactic insurers use is repeatedly asking for additional documentation, even after you’ve provided all the necessary information. This can create delays and frustration for accident victims.
Delaying Communication
The insurance adjuster may intentionally delay responding to your questions or providing updates on the status of your claim. This lack of communication can leave you feeling frustrated and uncertain about the progress of your case.
Lowball Settlement Offers
In some cases, insurance companies may purposefully offer a settlement that is far below the value of your claim, hoping that you’ll accept the offer out of desperation. If you refuse the offer, they may continue to delay the process and hope you’ll eventually give in.
Questioning Liability
Another way insurance companies stall on car accident claims is to question or dispute liability, even in clear-cut cases. This can lead to prolonged investigations and further insurance claim delays.
Stalling in Hopes of Statute of Limitations Expiring
In Georgia, the statute of limitations generally gives you two years after a car accident to file a lawsuit. Insurance companies may try to delay the process long enough that the statute of limitations on your claim expires, hoping to avoid paying you the settlement you deserve.
What to Do If an Insurance Company Is Stalling
If you suspect that the insurance company is stalling on your car accident claim, it’s important to take proactive steps to protect your rights. Here’s what to do if the insurance company is stalling.
Follow Up Regularly
Contact the insurer regularly to check on the status of the claim and ask if they need additional information. It’s wise to ask the insurance adjuster for a list of documents and information they’ll need to process your claim.
Document All Communication
Keep a detailed record of all communication with the insurance company, including phone calls, emails, and letters. Note the dates and times of your interactions, as well as the names of the insurance adjusters you speak with. This documentation can serve as valuable evidence if you need to escalate your claim or take legal action.
Submit a Formal Demand Letter
If the insurance company is delaying your claim, consider submitting a formal demand letter. This letter should outline the details of the accident, your injuries, and the compensation you are seeking. Be sure to include supporting documentation, such as medical records and repair estimates.
A demand letter can pressure the insurance company to take your claim more seriously and respond in a timely manner.
File a Complaint With the Georgia Department of Insurance
If the insurance company continues to stall, you can file a complaint with the Office of the Commissioner of Insurance and Safety Fire. This government agency oversees insurance companies and can investigate your complaint to ensure that the insurance company is acting in good faith.
Get Help From a Car Accident Attorney
If you’re dealing with a stalling insurance company, you should reach out to an experienced car accident lawyer as soon as possible. An attorney can review your case, provide legal advice, and help you navigate the claims process. In some cases, the involvement of a lawyer may be enough to prompt the insurance company to act more quickly.
How an Atlanta Car Accident Lawyer Can Help
Dealing with an insurance company that is stalling can be a frustrating and overwhelming experience, especially when you’re trying to recover from injuries and manage other aspects of your life. An experienced car accident lawyer can provide the legal assistance you need to ensure that your claim is handled fairly and efficiently. Here’s how an attorney can help.
Conduct a Thorough Investigation
A car accident lawyer can carefully gather evidence such as police reports, medical records, and witness statements to support your claim. This investigation can strengthen your case and put pressure on the insurance company to pay your claim.
Handle Communication with the Insurance Company
Your attorney can take over all communication with the insurance company, ensuring that your rights are protected and that the insurance company is acting in good faith. This can alleviate the stress of dealing with insurance adjusters and allow you to focus on your recovery.
Negotiate a Fair Settlement
Insurance companies may be more willing to offer a fair settlement when they know you have legal representation. Your lawyer can negotiate on your behalf to ensure that you receive compensation for your medical bills, lost income, property damage, and other losses.
File a Bad Faith Claim
If the insurance company is purposefully stalling or acting in bad faith, your lawyer can help you file a bad faith claim. This type of legal action holds insurance companies accountable for unfair practices and can result in additional compensation for the policyholder.
File a Personal Injury Lawsuit
If the insurance company refuses to settle your claim or continues to delay the process, your lawyer can file a personal injury lawsuit on your behalf. This can persuade the insurance company to pay your claim.
A car accident attorney will fight for you in court if necessary.
Ensure Legal Deadlines Are Met
In Georgia, there are strict time limits for filing personal injury claims. Your lawyer will ensure that your claim is filed within the required timeframe, preventing the insurance company from using delay tactics to avoid paying your claim.
Contact Us Today for a Free Consultation
When an insurance company is stalling on your car accident claim, it can add unnecessary stress to an already difficult situation. While insurance companies are required by law to handle claims within a reasonable timeframe, some may stall in hopes you will take a lowball settlement or miss the window to file a lawsuit.
Recognizing delay tactics and knowing what steps to take if an insurance company is stalling can help you protect your rights and secure the compensation you deserve. If the other driver’s insurer is dragging out the process, don’t hesitate to seek legal assistance.
Our experienced Atlanta car accident lawyers at The Weinstein Firm are here to help you navigate the claims process, negotiate with insurance companies, and pursue the compensation you deserve. Contact us today for a free consultation and learn how we can assist you in resolving your car accident claim as soon as possible.
