When an accident occurs, your insurance company should work with you to settle your claim. A common practice of insurance companies is to prolong a claim to trick you into accepting a smaller settlement than you would deserve. By being aware of the tactics insurance companies employ to stop settlement negotiations, you can help your California personal injury lawyer to continue working on your personal injury case later.
Your Claim may be Stalled by Your Insurance Company
Even though it is the insurer’s responsibility to honor your contract, some adjusters stall the claims process and deny payment. In order to avoid paying the amount that you are owed, standard delay tactics are employed. Here are the steps you need to take when your injury case is getting nowhere.
What Causes Insurance Companies to Delay?
There are a number of reasons why an insurance company might stall a case:
The Company’s Policies
It’s possible that the insurance company has a habit of consistently denying claims. By postponing many of the claims against themselves, the insurance company may strive to maximize earnings.
The insurance company may decide to put the case on hold in the assumption that you will give up. They may try to scare you by causing delays. They may also stall in the expectations that you will become sick of waiting and accept a poor offer.
Loss of Evidence
Proof may vanish over time. Eyewitnesses may go away or forget what happened. Records may be lost or archived. Some insurance providers prolong the process in the desperate hope of causing you to lose evidence that is crucial to the case.
Limitation Periods and Time Delays
If the case drags on for too long, you may miss out on the chance to start formal litigation. The statute of limitations refers to the time limit for filing a lawsuit. The insurance company may be hoping that you are unaware of the requirements and hence miss the deadline.
How Does an Insurance Company Delay?
Here are some ways your insurance company adjuster may try to delay your claim:
- Demanding more paperwork
- Your supervisors have been holding up a final decision
- Informing you that your case is being evaluated continuously
- Unnecessary requests for medical records
- Additional statements are needed from you
- Threatening you that you won’t get coverage for further medical treatment
- Incorrectly stating the law applicable to your case
What to do If an insurance Company Stalls My Claim?
It is possible to fight back against the insurance company if it stalls. When your insurance company refuses to negotiate honestly with you, here are some options you have:
Keep in touch with your insurer. Make a lot of phone calls and send a lot of emails. Inquire as to how far the lawsuit has progressed. Inquire about specifications. For instance, if they say a superior is looking into the situation, inquire as to when you might expect a response.
If they indicate they’ll send you an offer, inquire as to when you may anticipate it. If you inquire about the status of your case, the insurance provider may determine that it is better to offer you a reasonable settlement.
Formal Demand Letters should be Written
A formal demand letter is one technique to inform the insurance provider that you’re sincere. A demand letter is a statement in which you outline what you believe is a fair settlement and the basis for your case value. You can also say that if you don’t get a response, you’ll take the dispute to court or start formal arbitration proceedings.
If your insurance agent is unable to assist you, request a meeting with their supervisor. Continuously repeat your requests to the superiors. If they decline to connect you with a supervisor, look out for the insurance company’s general phone number and try again. When more individuals look at the case, the chances of someone agreeing to a reasonable settlement increase.
Be sure to Mention Bad Faith
An agreement is what an insurance plan is. When a claim comes under the terms of the policy, the insurance company has an obligation to pay promptly and honestly. A jury may conclude that the insurance company behaved in bad faith if they agree that the insurance company did not work with you to fairly value and settle your claim. In that instance, in addition to paying you the value of your claim, the insurance company may pay you legal fees.
Take Legal Action or Initiate Arbitration
You may have to bring your case to court either through arbitration to battle the insurance company. The conditions of your policy will determine whether your case proceeds to court or to arbitration. However, stating your desire to move to legal processes is one method to urge the insurance company to engage with you.
It’s also crucial to be willing to go through with official proceedings. Even if you file a formal legal action, very few matters go to trial, so don’t be concerned just yet. When dealing with an insurance provider that is delaying your claim, it’s critical that they believe you are willing to go to any length to obtain justice.
How Can an Attorney Help?
When you’re dealing with insurance companies, an experienced injury lawyer can assist you in negotiating with them. They can utilize their knowledge to devise a strategy for contacting the insurance provider and when to do so.
They can even handle those discussions for you so you don’t have to think about what to say. They know how to write a demand letter and when it’s time to start official proceedings in your personal injury lawsuit since they’ve done it before. Your Personal Injury lawyer at Deldar Legal Injury Attorneys is likely to have dealt with blocked negotiations before and is unfazed by the insurance company’s methods.
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