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If you suffered injuries in a car accident that wasn’t your fault, you are entitled to compensation for your pain and suffering, lost wages, and any damages to your vehicle. Even if you carry some fault, you should receive some compensation if your part in the accident was less than 50%. However, in reality, when working with insurance companies, you may experience delays that last months. You may call and never hear back or email and not get a reply. If this happens, you want to know why your car accident settlement is taking so long?
Why Would An Insurance Company Stall?
You pay your premium every month, and your auto insurance is up to date. So why would an insurance company not pay out your policy limits to cover your injuries? Why would a 3rd party company whose client is liable for your injuries refuse to honor their legal duty to you?
You expect insurance companies to honor their business relationships and pay valid claims. However, in some cases, your claim may stall for a few weeks. If your claim stalls for more than a few weeks, you may need to speak with a supervisor, file a complaint, or hire a personal injury attorney to fight for your rights.
Why a Settlement Delay? Valid Reasons for a Few Weeks Delay
- An adjuster is busy or on vacation and needs a week or so to get it together
- Your claim changed hands after your personal injuries became known
- You didn’t submit the required documents
- You refused to make a statement about what happened
- Your case has many complications that your adjuster is keeping you abreast of
- Waiting for you to complete treatment and to receive the necessary documentation to estimate what a fair settlement is for your case
Why a Settlement Delay? Invalid Reasons for Months of Delays
- The insurance company hopes you won’t file suit until you’ve exceeded the 2-year statute of limitations in TX and can no longer legally file.
- The claims adjuster is not doing their job over a period of months
- Your claims adjuster is unsure how to handle your case and is procrastinating for months on end.
If you let your insurance claim go past the statute of limitations for filing a lawsuit, the insurance company knows that you no longer have a bargaining chip. They are more likely to pay you a basement-level compensation since you have no recourse.
Whether the stalling is intentional or not, it’s time to take action when an insurance company ignores your communications.
What to Do if Your Insurance Company is Stalling
A demand letter puts an insurance company on notice that you will file a lawsuit if they do not negotiate a fair settlement. It’s called a demand letter because you give the insurance company a demand for a settlement amount that you find fair. Personal injury attorneys often start negotiations with insurance companies with a demand letter.
If another person caused the car accident, their insurance company should pay your settlement. If you were more at fault, your own insurance company should pay your injury claim up to your policy limits.
What is In a Demand Letter?
A demand letter often contains specific and carefully gathered information about your claim with careful legal wording. Some of the information may include:
- A description of the accident with any additional supporting information
- How the other party caused your injuries
- Legal reasons why the other party is liable
- Description of your injuries
- Medical records for your injury, usually including a doctor’s letter, especially if you have any permanent damage or ongoing medical needs.
- Medical treatments and appointments for your injuries
- Pain and suffering or daily struggles caused by the accident, injuries, and medical treatment
- Medical expenses
- Lost wages because of the accident and injuries
- Your doctor’s future prognosis and how much income you will lose in the future due to the accident. This can include a need for future medical treatments.
- Description of the pain and suffering you experienced
- A demand for a settlement amount that covers your damages
After the Demand Letter
The insurance company will generally respond to a demand letter by agreeing with your settlement amount, making a counter-offer, or denying your claim.
Working with an attorney at this point can often help you get a higher settlement amount. Attorneys do the hard work of ensuring you have all proof, information, and documents you need to prove your claim.
Personal injury attorneys also understand what goes into estimating a fair claim for personal injury damages. Without an attorney, it’s more difficult to negotiate because you may not understand how best to discuss your case with the insurance company. An attorney will consider the legal reasons you deserve a settlement as they make your case clear and easily understood by the insurance adjuster.
Attorneys also often set the amount higher in a demand letter so that there is wiggle room to negotiate down. Because this is daily life for a personal injury attorney, their arguments tend to have more legal merit than the average citizen writing a demand letter.
Another reason an attorney may help is if your legitimate claim gets denied or low-balled. Your personal injury attorney can file a lawsuit at this point. Sometimes filing a lawsuit is an incentive for the insurance company to settle the case. No insurance company wants to pay court fees and attorney fees, in addition to a fair settlement.
We Can Help
At Jarrett Law, we ensure that insurance companies hear your voice. We help you understand your rights and how to get the settlement you deserve. Our close and careful attention to the details of your case helps us negotiate a settlement for you that is more than fair. Because we work on contingency, you do not pay any attorney fees unless we reach a settlement agreement or win a court case for you. Contact us today and find out how we can help you settle your case with an insurance company. We help you move forward on your claim and into a brighter future.